November 17, 2020 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] [Music] there's no need no need libraries hold a special place in my heart so [Music]

[3:32] we're ready mayor okay very good it's six o'clock and I believe that we have everyone here so I'd like to gel in tonight's meeting it's the regular meeting of the Boulder City Council for Tuesday November 17th and I will start with a few announcements just give me one moment here to get these up okay so the first announcement is that the state of Colorado has announced

[4:00] that a mobile digital covid exposure tracking application has been launched to help individuals be aware if they have been close to someone who has had a positive test for covid this application is available for cell phones running Google Android or Apple iOS and is secure and Anonymous and will provide those signed up with a notification if someone they were near test positive for covid over 15% of Colorado's cell phones have already loaded this application which is expected to reduce covid incidents by 8% already please sign up to increase your own protection and that of fellow residents more information and the application itself can be found at www. addou phone.com and I will attest when I put it on um my iPhone it was super easy you just go in the menu and turn the feature on which you should be able to find in the menu you now and

[5:01] then the second announcement is that tonight we will have a couple of items under Matters from the mayor and members of counil that will require a motion to select or approve we will open a public comment period after both items have been discussed by Council um and just a note Matters from mayor and members of council comes at the end of the meeting if you'd like to speak during this public comment period Please email the city clerk's office office at city clerk staff all one word at bouldercolorado.gov with your name and a phone number the clerk's office will respond with an email containing the link to the meeting registration for comment under matters will begin now and will conclude at the end of Matters from the city manager which is right before um Matters from mayor um staff is working on a process for public comment under matters item um and Hope to have it in place soon and

[6:01] the issue of how to testify on matters which have a motion um will be taken up by Council in January at The Retreat and then again just a reminder if you'd like to speak during public comment under matters near the end of the meeting please email the city clerk's office with your name and phone number at city clerk staff at bouldercolorado.gov and with that Debbie would you please call the role council member Brockett present friend here Joseph present Nagel here stick here wallik present Weaver here Yates here young present mayor we have a quum very good thank you very much I would like to begin the meeting tonight uh requesting a motion

[7:00] to amend the agenda we have several items that need adjusting on the agenda tonight first we'd like to move the approval of the 2021 council meeting calendar to item 8B and then move the 2021 Retreat discussion to item 8C move the 2020 performance evaluation and salary adjustment for the City attorney and municipal judge to item 8D and then add item 8e which is uh Co enforcement discussions do I have a motion no moved second anyone opposed to amending the agenda seeing none we will consider the agenda amended and we will move on to open comment and just give me one moment I will try and bring up the comment list sorry I'm gonna have to pop open my email to get that

[8:00] apologies I added up and here it is all right very good in our open comment tonight the first we so some reminders before we start each um person will have two minutes to testify under open comment um we ask that testimony only be on items that do not have a public hearing tonight um our two public hearings as soon as my agenda comes up public hearings tonight are um item 5A which is the policy statement and uh and item 5B which is the Duan Bay te house landmarking I guess I'll amend what I was going to say both of those items do not have any further public comment tonight so at open comment you can testify about anything and we would remind everyone to try and keep your

[9:01] comments civil and to neither attack city staff nor other um citizens commenting who might say something you disagree with so with that reminder we'll start tonight's comments with Margaret lont John Carroll and Jason Hubbert Margaret just want to confirm with Taylor that she can pull up the timer I was just going to interrupt and say we're having trouble with the timer tonight right so um I have I have it on my phone but we won't be able to see it on the screen at this point um but I will you'll hear that you should be able to hear the buzzer when it goes off for whatever reason we're just having trouble with the timer this evening okay okay thank you thank you are we ready for Margie okay Margaret LMP you should be able to unmute I just got the command okay perfect thank you I I should be just two minutes so um should tell me when I should begin I don't see the

[10:00] timer you're good to go Margie okay I want to question the haste with which the annexation project is being rammed through CU won't develop its CU South property for several years in fact its annexation proposal makes it clear that it's not even really ready for authentic negotiation over annexation details annexation is a very consequential and expensive step for the city given the pandemic's impact on all Boulder residents much more time is needed for authentic public engagement Second City decision makers are not paying attention to the huge loopholes in cu's proposal or its references to cu's Sovereign status that exempts it from any federal state and local rules these will nullify any agreements that are not spelled out in an airtight annexation agreement remember the annexation agreement constitutes the only legal constraint on cu's Behavior at CU South but throughout cu's proposal and the city's briefing

[11:01] annexation book unresolvable conf conflicts are dismissed with phrases like this will be resolved once an annexation agreement is signed this should be an absolute non-starter procrastination is not a viable negotiation strategy it's simple capitulation once the agreement is signed it's game over SE or any other later owner can do anything not specifically forbidden in the agreement finally cu's annexation proposal shifts many costs of constructing its campus to the city's taxpayers and utility rate payers how because see you if because if more land is needed for flood mitigation CU requires the city purchase it from cu's open space other property but that land is in the 100-year flood plane so CU requires that the city fill and raise that land out of the flood plane then grade it to be shovel ready for cu's construction this adds 30 to 50 million to the flood mitigation project costs which which will be paid for by

[12:00] increases in Boulder residents utility bills water sewer and Stor excuse me storm water assessments but filling in land so see you can develop it is not protection against flooding or part of storm water drainage it's really a scam and it's it's like a tax increase without permission of the voters so please slow this train down thank you thank you Margie next we have John Carroll Jason hubard and Sarah Wright John uh thank you Council uh my name is John Carroll and I live on quala Drive in Boulder uh I'm here today to comment on the CU South annexation uh as someone who lives in a neighborhood adjacent to the CU South property I'm incredibly excited to see this project progressing and look forward to the numerous benefits annexing it will bring to our community one of the many benefits annexation would bring is to allow CU to build housing a small step toward solving the housing crisis Community is facing annexation will also protect most

[13:02] of the property as open space or parks for the community to enjoy securing it for future Generations as well the park and open space will provide opportunities for the community to enjoy the space through sporting events dog walking and more this will also provide the opportunity to allow the city to enhance and restore the existing Wetland areas most importantly annexation will allow flood mitigation at South Boulder Creek to move forward this is is an incredibly important project for community health and safety that promises to move as many as 3,500 residents out of a high-hazard flood zone this is why it is a project that continues to remain urgent for many of us the briefing book does a great job capturing all the work thought and effort that has been put into this project over the years and we look forward to a productive discussion around it tonight to City staff Council and Boards who have worked tirelessly and often thanklessly to get the project to this point I offer a very sincere

[14:00] thank you thank you John next we have Jason Hubbert Sarah Wright and Daniel cats Jason J Jason we I just muted him um he appears to be having audio issues let's try again so Jason I think you're going to need to go check your technology we cannot hear you and when we can hear you it's very garbled perhaps we could come back to him on the list yep we will um so we'll come back to Jason next we have Sarah Wright Daniel Katz and Jordan leonski H Sarah thank you I'm Sarah Wright Boulder native born and raised and I'm with the Colorado foundation for Universal Health Care tonight we're asking you to join with

[15:01] more than 40 US local governments and take a stand urging elected officials to enact improved Medicare for all now those cities include Seattle Los Angeles Cambridge Durham an arbor South Ben St Paul Philadelphia and yes Jamestown Colorado our us healthc care payment system is like a labyrinth that makes it difficult for doctors to get paid and patients to appeal our health insurance companies built this Labyrinth so they wouldn't have to pay their bills most family City and School District budgets are burdened with Rising premiums deductibles and co-pays all to navigate a maze that's rigged against us each small tweak to this system makes it more complicated and more expensive The Simple Solution is to have one nonprofit payer for Health Care scores of studies show it's the most cost-effective way to cover everyone the people want this 69% of Americans want

[16:00] improved Medicare for all yet despite what we want and what the evidence shows we're still stuck in the Maze why because of the greedy who make insane profits by denying health care or overcharging for life-saving medicin we Americans with one nonprofit payer could collectively bargain for fair drug prices just like all the other countries do including Canada where their death rate from covid is less than half of ours here here black Americans Die Twice as often from the covid virus as white people do Health expenses Drive 8 million of us into poverty each year imagine if every person in Boulder had access to Affordable Health Care right now including quality mental health care please make the moral choice for legislative policy language strong enough to help the providers and people of Boulder please stand for improved Medicare for all thank you you thank you

[17:00] Sarah next we have Daniel Katz Jordan levendoski and nshama Abraham Daniel I am not seeing a Daniel Catz in the meeting um Daniel if you're in the meeting if you could shoot me a note under the Q&A we can Circle back to you you might be in the meeting under a different name I suggest we go on to Jordan in the meantime Jordan hi my name is Jordan levendowski I am a family nurse practitioner at Clinic of Family Health First I want to thank the council for giving me the time to speak to you today on the rising health insurance cost in our community growing up my family had insurance but remained fearful of going to the doctor due to the co-pays and premiums my parents once waited six weeks before taking me to be evaluated for a fractured collar bone an injury which has now become our threat critic in adulthood adding to my annual medical

[18:02] bills healthcare costs in the United States have continued to rise and are anticipated to increase at a greater rate in the future the Kaiser Foundation found that private insurance remains a major driving force of increased growth in per capita spending in 2013 the United States spent $99,000 per capita on Health Care compared to Canada which only spent $4,500 per capita in 2016 16% of us families reported problems paying medical bills while we spend more on healthare disease burden or disability adjusted life years remain significantly higher than countries with a single pairer system removing competing insurance companies and the associated administrative complexities could save $600 billion dollar per year nationally with further savings through bulk purchasing of medications a systemic review in January found a near consensus in studies funded across the political Spectrum the single pair would reduce

[19:00] Health expenditures while providing highquality Insurance to all us residents I asking that the city council join our US Representative Joe niguse and Governor Jared pus in formally supporting single paay Universal healthc care coverage at the state and National level please take action and replace the language currently in the 5A policy document item number 50 encouraging lawmakers to determine which approach can provide the greatest access to affordable quality health healthare for the greatest number of people at the lowest cost to language that shows support for Universal healthare and Medicare for all thank you again for your time wear a mask and stay safe thank you Jordan thank you and Sarah I just texted you about Nish needing a link y I just asked Debbie to make sure she sends it to her so perhaps we can come back to Nish just a few minutes after she has a chance to come into the meeting yep and our next our next speakers are J jemy Reynolds Amanda Berg Wilson and Laura Tyler

[20:14] Jeremy hello uh sorry to my zoom restarted um good evening uh so first I'd like to take a moment to say thank you for your time and effort flood mitigation in South Boulder Creek is a complex critical problem for many who live in South Boulder and as a community member I truly appreciate the effort that has gone into the identification of the problem we're solving the design of the proposed solution and the cumulative effort that has gone into collecting feedback as a resident in South Creek 7 neighborhood I'm truly grateful that we as a city can come together and take an evidence-based approach to supporting our neighbors whose homes and livelihoods lie in more dangerous flood planes this seems like it's a thanless job with many people who object so I just want to express my gratitude kudos to all of the work that has gone into this project and thank you that said one

[21:01] of the biggest concerns I have about the project is the amount and degree of misinformation in fanaticism that I hear I have seen absurd racist ads in the Daily Camera and I've heard all sorts of concerns from my neighbors that frankly look and sound like misleading propaganda relative to my understanding of the proposed work and potential outcomes now I'm 100% willing to acknowledge that my understanding could be flawed and that some doomsday scenarios could happen in some remote universe but I haven't seen the data to justify such projections the core question that I would like to pose to the council and committee working on this project is how will you battle this misinformation in order to try to tackle the issue of misinformation I would ask a followup do we have a good understanding of why people are so fanatical about their objections is it that people simply like the current space as it stands today and think that there are no possible ways to improve upon it is it that people simply do not understand the severe risk that our impacted neighbors currently face or is it that people understand the risk that simply aren't willing to help them it's

[22:02] likely some combination of the above but understanding motivations can help may help the city gain more traction and develop more actionable campaigns to deal with the source of the misinformation I would encourage you all to treat the disease so to speak and not the symptoms please seek to understand the root causes and motivations of the objection so that those can be addressed as we move forward thank you thank you Jeremy next we have Amanda Berg Wilson Laura Tyler and Lori Preston Amanda Amanda you may have to press unmute thank you there you go good evening Council I'm Amanda Berg Wilson a local theater artist and the artistic director of the catamounts I want to thank you so much for restoring the $100,000 to the Arts budget in doing so you ensured that the catamounts a boulder-based theater company dedicated to theater for The

[23:00] Adventurous pallot will receive our full $10,000 operating Grant in 2021 receiving this operating Grant and full ensures we are able to move forward with an online interactive theater piece we are producing in collaboration with the Denver Center this February March this piece also has an integral food and drink component woven into the experience and will be partnering with a local restaurant to provide and deliver this food and drink to our audience at home with this full fending secure we will be able to ser and arts residency at Creekside and Heatherwood Elementary Schools leading their second graders through the process of creating and performing their own work this funding ensures we have the staff resources to be able to create two versions of The Residency an in-person version and a virtual version depending on where the students are learning from we're also so grateful to create Boulder who have awarded us an additional $1,000 Grant with these additional funds we're able to take risks on a new format for bringing folks live theater at this moment like the virtual interactive

[24:00] experience mentioned above additionally we will be using a portion of our create Boulder Grant to develop one way back day a stated adaptation of black American folk tales being created by an all bipo creative team I'm so grateful for your understanding that this funding is not a handout but a necessary investment to ensure a vibrant and prosperous community council member Joseph's point about the Arts addressing equity in a broad way was also so Salient with these funds we'll be partnering with local business providing much needed employment to diverse groups of artists and leading students who have suffered so much lost opportunity opportunity during this pandemic an empowering experience of creating their own art I am deeply grateful thank you thank you Amanda next we have Laura Tyler Lori Preston and Lan arel and I'll point out that uh nshama I believe is on the call now so we'll come back to Nish after Laura Laura

[25:01] good evening everyone this is Laura Tyler with the South Boulder Creek Action Group and I want to thank you for this chance to speak I'm here toight to address the public engagement process for um annexing CU you South and first I owe a big thanks to you Sam and Rachel friend as well for your leadership on the subcommittee meetings those um are challenging meetings and you've done a really great job with them and then also Phil kler your work on the briefing book um I'm just humbled um and thankful for the work that you've put into that it's factual it's interesting it's easy to read um thank you so much for that and the most interesting part of the briefing book for me has been learning about the city's plans to work with CU to build a public safety facility that would include relocating Fire Station Number Four onto the CU South property so we know that the fire risk in Boulder

[26:00] is high we know that Boulder also has the highest risk of flash flooding in the state of Colorado and locating a public safety facility on land that's designed to mitigate flash flooding sends a strong positive signal that we are resilient um and then I want to respond to Jeremy reynolds's comment before about the misinformation um I agree wholeheartedly that's a problem it's been ads in the daily camera as well as stuff on next door and this did come up at the planning board meeting a couple of weeks ago Peter vital had an excellent suggestion and that would be to add a mythbusting or a debunking section to the briefing book I think that's a fantastic idea that uh we absolutely support and then my third and final Point I've been chatting with my neighbors about what people in our neighborhood would like to get out of the annexation process in addition to flood mitigation and there are two ideas

[27:01] that are rising to the top and the first thing is about dog walking on leash and off leash we know there's a demand for both and then the second thing is pedestrian access our neighborhood is cut off from the CU South property and adjacent open space because of us36 Table Mesa and Foothills Parkway converging and so if you could kindly make sure that there are opportunities to weigh in both of those issues dog walking and pedestrian access we would be very grateful thank you so much thank you Laura okay I think we're ready to go to Nish Sarah nish's number is the one that ends in 8252 okay terrific yes I do I'll turn her on right now Nish if you're on the phone you probably need to press star six to unmute yourself

[28:04] okay we should be able to hear you now can you speak Nish we can't hear you can you speak up into your phone and check that your phone is not muted yeah how's that there Perfect all right thanks everybody thank you technology um well good evening Boulder City Council members I hope you are all well and your family stay well during this covid experience um I a 30 plus uh year resident here in Boulder and I'm speaking tonight to ask for Boulder City Council to withdraw from the Rocky Mountain Greenway you may know that there is plutonium radioactive plutonium particles that are in the soil and that is well documented um there was a soil sample test in

[29:02] 2019 that found a reading micro cues of over 260 and that is exceptionally dangerously High there's a there's a soil sample done in um New Mexico where the a bomb was actually tested and that's 200 and humans are not even allowed on that Land New Mexico so um the broomi city council has withdrawn from um the greenway and it makes sense because it's just dangerous I mean um the people who will be first at risk are the workers you know the the proposed plan is to put in a um a bike path and the people who would build that if we were looking at how do we achieve racial reparation in our world it'll be people who have to take that work because they even if they know the dangers so let's not put anyone at risk the workers um and then the people I

[30:00] mean would you allow I surely wouldn't allow my children or a niece or a nephew to um go biking across a place where if the wind picks up and those particles fly um you know 75% of that land is not remediated that's why it's so dangerous and one particle that gets inhaled into the lungs lodges there that's what that's how lung cancer is caused from radioactive plutonium so again I please withdraw thank you very much thank you Nish next we have Lori Preston lyana ryel and Elizabeth Maguire Lori hi there good evening and thank you so much for this opportunity to be here tonight my name is Lori Preston and I have the privilege of serving as the executive director of the Museum of Boulder and tonight with you as City council members and representatives I'm going to focus on three words that end

[31:02] with the word City authenticity reciprocity and audacity number one with the authenticity we are authentically grateful for the city of Boulder's reconsideration of the $100,000 for arts and culture in Boulder a special added thank you to create Boulder and their gift of $50,000 along with their expressed and our similar mission to expand our shared cultural ecosystem we are so pleased to have gained 48,000 through the boulder Arts Council and to have also received this additional check from create Boulder and with it we provide educational programming Community Voice driven uh conversations exhibit curation collection protection Etc and since the beginning of the museum and its new location at the corner of Pine and Broadway we've had your support uh Bob Yates in particular We Are

[32:00] Forever grateful again to all of you much gratitude with authenticity number two reciprocity um as a Civic Cathedral of sorts um in the heart of downtown we have been able during this time since March uh to help out some others Boulder Symphony downtown Boulder narf uh Boulder Valley School District sansushi um Boulder Opera Open Studios and parks and wreck and right now we have a powerful and very relevant exhibit drawing parallels that encompasses different ways to think about and respond to overwhelming events across decades in Boulder as a matter of fact all bch employees are invited for free into the museum until January 1st 2021 the third one audacity we are approaching the Museum's significant losses right now with programmingsoftware all those reductions and admissions Etc we're plugging along

[33:01] with doors open six days a week and Wednesday evenings and we've written and have hopes for grants that will help further provide a voice for communities in Boulder so with gratitude yeah with gratitude thanks so much for the time tonight thank you Lori next we have lyana ryel Elizabeth Maguire and Kathy Joiner Lana Lana you should be able to unmute okay am I unmuted you are okay uh thank you very much I'm I'm going to read a statement I I'll just mention I'm a legal resident uh but I'm Canadian and I certainly miss my health care um okay this is my statement to be strong we must know our foundation and live accordingly our human Foundation is

[34:01] the indigenous people whose land we are on the beautiful osmp master plan posits indigenous people as one among parallel groups to reach out to actually indigenous people are host in this Valley all the recent all the rest recent guests willing or not to clear the air we breathe and open viable paths ahead let's feed city council resolution 1190 into the master plan born at the same time the people on this planet known to sustain and restore environmental ecosystems are indigenous the Five Focus areas of the master plan all relate in concrete fact to indigenous expertise knowledge and culture indigenous is not a oneliner it is the bedro that must permeate the plan hiring indigenous people directly rather than those who have studied their knowledge is most effective qualified indigenous personnel in every city Department should be the norm indigenous

[35:01] people honoring their own distinctions and specificities of place Nation culture context need to drive this process immediate concerns are Fort chamber site review city manager and assistant interpretation along RTD multi-use paths and throughout the Valley Race conversations coordinator Etc 55 indigenous 55,000 indigenous citizens live in Denver Boulder distinct voices are crucial the aro's traditional home is this Valley Arapaho and cheyen people are the authority at Fort Chambers hiring has to implement this RTD paths call for interpretation by tribal Nations and local IND indigenous citizens thank you next next we have Elizabeth Maguire Kathy Joiner and Jan Burton Elizabeth good evening I'm Elizabeth Maguire

[36:01] executive director of the Colorado music festival and Center for musical arts as well as a member of the Boulder County Arts Alliance board I would like to sincerely thank the city council for restoring $100,000 to the Arts budget I have also been notified by create Boulder that our organizations uh will receive substantial money for us it's $22,000 from their matching funds promise my organization is considered extra large and therefore will receive combined funding from the city and create Boulder of nearly $50,000 this support of our general operating expense in 2021 allows us to maintain our current level of Staffing which is necessary for the increased workload of planning for both live and virtual events which which we are doing both programs we are particularly proud to be launching in 2021 include the center for musical arts Marchi bands offering beginner to advance curriculum based Musical programs in collaboration with the I Have a Dream Foundation of

[37:00] Boulder and the Colorado Music festival's World premiere commissioned work by a celebrated young African-American composer named Joel Thompson who was known for his haunting work called seven last words of the unarmed our world premiere composition will be based on the writings of Steven Baldwin with guidance from author and chair of the Department of African-American studies at Princeton University Eddie GLA just to give you an idea of the scope and potential reach of this project actor Christopher Plumber has reached out and indicated his his interest in narrating the work at our concert so I know many of my Arts colleagues like Amanda and others who've spoken in Boulder are planning their own incredible and impactful works in many ways we as artists are well equipped to represent the voiceless human emotion tragedy and hopefully great Triumph that we have and will experience this year thank you so much for allowing us to respond appropriately and for allowing

[38:00] us to serve our community I hope we make you proud and I thank you sincerely for your work thank you Elizabeth next we have Kathy Joiner Jan Burton and Patricia carton Kathy thank you um I'm Kathy Jor with the South Boulder Creek Action Group and first I'd like to send kudos to Phil and other staff for their considerable effort in producing the annexation briefing book this is an incredibly complex project and this document has been extremely helpful for understanding the process many of us are grateful for staff's work reviewing the document I was struck by the number of issues on which the city and CU already agree including the all important issue of flood mitigation by far the greatest Community benefit in its direct positive and Lasting effect on 3500 Boulder residents I was also happy to learn more details about the potential for environmental restoration and enhancement as well as the potential for

[39:01] reestablishment of habitat connectivity by way of Levy removal within the oso tract it appears that the parties are in agreement that the city will receive 44 Acres of Oso land at no cost assumed to be added to City open space acreage it's good news to know that it's also possible for the city to purchase additional acreage from CU within this track for City open space allowing for additional Environmental restoration and and and enhancement in a comprehensive manner I'd like to end with a last thought about environmental impacts in reviewing the osmp packet for Wednesday meeting it appears that if the that the latest analysis of an upstream option has again shown that is not the least environmentally damaging alternative when compared to variant one 100-year design and this is a critical issue for permitting in addition it also appears that the Upstream option will result in increased environmental impact tax to City open space given that I encourage

[40:00] you to provide final and decisive direction to staff when appropriate and as soon as possible allowing them to concentrate their efforts on the all-important variant one 1100 year design and permitting thank you thank you Kathy next we have Jan Burton Patricia Carden and Paul colan Jan good evening Mar mayor Weaver and councel a recent report by Colorado creative Industries summarized the impacts of the covid-19 crisis on Colorado's creative economy from April through October of 2020 the Music Theater dance and visual arts sector in Colorado has lost an estimated 27,000 jobs and over $1.4 billion dollar in sales revenue between April and October of 2020 this represents a decre increase of 41% in both revenues and

[41:00] jobs of course Boulders Arts and Cultural organizations have faced the same staggering declines which you heard about during the budget proceedings the great news is that the Boulder City Council the arts and culture staff and the Arts commission have been the one Steady Hand after Council restored $100,000 in Grants budget for 2021 the Arts commission decided to fund the general operating support grants at 100% for 37 beloved organizations in Boulder you can imagine the impact of this when they have faced Revenue declines of 40 to 80% due to closures and cancellations in addition create Boulder as promised is raising an additional $50,000 and will be providing grants to the same 37 organizations before Thanksgiving enabling them to fund a project and employ artists as soon as December so on behalf of create Boulder

[42:03] thank you for restoring the budget to the Arts your commitment to this nonprofit sector is crucial to their survival and to our community's recovery postco 19 good evening thank you Jan next we have Patricia Carden Paul colan and Nicole spear Patricia I hope I'm unmuted you're good oh good um I thought I was limited to one minute so you get a break from me I guess um what I would like to first um speak about is commending both mayor Weaver and councilwoman Rachel for their commitment to Leading the monthly process meetings I felt connected and able to follow along with the city's progress um toward annexation alignments

[43:00] with CU and I greatly appreciate that um and second my thanks to Phil Kaiser for a very impressive and comprehensive annexation briefing book which provides history and illustrations on its I think it's 67 Pages plus um anyway um when I think of all the clippings that I have stored in this folder I just love Phil for convincing in all that it's just wonderful and I before I put in my plug for what I'd like to see um I have to second John um John's comments and laori Laura Tyler's and Kathy's and I'm I'm consider myself an adjunct member of that group and um and I'd also like to support comments about the Arts I'm so pleased that that passed um so many wonderful things are happening in Boulder and it's thanks to this Council for being on top of it so my my point right

[44:04] now is as a senior living in this historically flooded South Boulder neighborhood I applaud whatever Transportation efforts are going into a pedestrian or a bicycle underpass U to eliminate the current hazardous means of getting to this property and reminding you that we no longer have access in this area either so there are many who are carless in this area and um all of those accesses to this property are important I also want to speak and support thank you pat pat I'm sorry your time is up the dog park I love it okay thanks very much Patricia P um next we have Paul colan Nicole Spear and Steve pomat Paul

[45:01] good evening council members my name is Paul colon and I live in South Boulder um the election's over so we move forward with an Excel franchise that the voters determined to be our new Option um covid is Raging and you guys have to deal with that so stay safe and keep your distance and wear your masks and but keep global warming on your radar uh I have been and will be focused on Boulder's climate goals of 100% renewable electricity by 2030 an 80% overall reduction in carbon emissions for the City by of 80% by 2050 um I consider these goals to be a floor not a ceiling we can and should do even better I'm going to work with you Council and with staff with an emphasis on keeping the progress made and challenges encountered visible to the council and to the public you know we don't have to rein the wheel if you just look around at what other cities and other utilities

[46:00] are doing we will see concrete proven steps we can take to increase Renewables and decrease carbon emissions uh maybe staff is already working on a plan uh if so let us know don't keep us guessing uh please task staff to make a plan that includes dates and present renewable Milestones um your top legislative priorities should be shutting down all Coal Fired power plants in Colorado by 2025 and CCE Community Choice energy should be right up there to thank you thank you Paul next we have Nicole spear Steve pomerance and Patrick Murphy Nicole good evening Council my name is Nicole Spear and I live in the tanter Park neighborhood adjacent to see you sou first big thanks to Phil and all the staff involved in the very informative brief book and the strong Community engagement strategy it's good to see the

[47:00] city and CE you aligned on so many components of the annexation agreement not being in danger from flooding in my neighborhood I have the privilege of focusing on the recreational aspects of this annexation and I'm thrilled about the benefits this emerging annexation agreement could bring to my neighborhood having a dog park would benefit the many dog owners in the area like myself who don't have fenc yards a publicly accessible running track would keep people from having to run laps around my street as they do currently and having a fire station close by would be really comforting in this era of rapidly spreading wildfires these possibilities for my neighborhood are exciting and I worry that progress and imagining possibilities risks being stymied by misinformation some city-wide groups have been spreading misinformation about annexation via ads in our local newspaper Flyers posted on our mailboxes and signs along the informal trails that connect us to the CU South property the goal of these efforts seems to be to encourage us to oppose annexation rather than to join in the planning process process in a collaborative constructive way if there's not a strong plan for

[48:00] countering this misinformation I worry my neighborhood will lose its opportunity to engage in thoughtful discussion about what we want to see in the annexation agreement as Phil and others move forward in the coming weeks and months I hope Council will make clear to our community that annexation is not optional and that the intention of this engagement process is to shape this land and its future uses our city has the benefit of brilliant residents if we can get past our fear of change and unleash our creativity we can use this annexation process to Envision a future for SE South that benefits all of us thank you thank you Ni Call next we have Steve pomerance and Patrick Murphy and then we we'll go back and check in to see if Jason hover is still available to speak Steve Steve it looks like you're unmuted but we can't hear you

[49:02] okay I think perhaps is having problems with his microphone you're unmuted Steve we can see you're unmuted can you try talking yes Steve we can't hear you um you might try coming back into the meeting and see if that helps you could also check uh if you're in Zoom near the mute button is in audio settings if you click on the up Arrow so we'll move on for the moment and come back to Steve and Jason and next we have Patrick Murphy my name is Patrick Murphy I live in Boulder the pandemic and the climate pandemic are directly related and Red Cross notes that the devastating effects of climate change exceed the devastating effects of the

[50:00] pandemic among the reasons the mun has ended is the fact that the mun has been the slowest and most costly alternative path to carbon reduction we could have ever devised time is of the essence and I'll be poking and prodding you to step up the pace of real carbon reduction I hope to find honest and frequent updates that are on par with the covid updates the true measure of success will not be indirect slowly evolving efforts but rather immediate and direct changes such as those the plan B with Equity that I've presented to those of you who would listen or at least pretended to listen a quick start would be the conversion of all our street lights to LEDs as all our neighboring towns did years ago the reasons we didn't do this years ago are ludicrous and those reasons hold less water today Distributing LED bulbs with priority to low income is direct action and reduces everyone's power power bills solar incentives and wind incentives are

[51:00] far simpler and cost effective than running a legal battle for the next two years and far less costly than hundreds of millions in debt to fund and construct a money losing mun let's rock and roll and cut carbon with collaboration hopefully mun supporters will be as critical of Boulder's efforts as they have been of excels and push for progress and not dwell in non-productive Nostalgia there's no need to end critical review of excel there is a need to apply the same review to Boulder that's been sorely missing for the last decade thus the election results the mun is done let rapid carbon reduction begin thank you thank you Patrick okay so we have a few people on the stack um we have got Jason hubber Daniel Catz and Steve pom to come back to do we see Jason in the meeting I do and I'm allowing him to unmute now

[52:00] all right can you hear me we can that's much better okay apologies for my earlier technical difficulties thank you for your time and your patience my name is Jason hubard I'm a physical therapist practicing in the Boulder area tonight I want to focus on throwing some verbal weight behind the argument for the city council utilizing and endorsing language specifically in support of improved Medicare for all what I'm not going to do is spend a lot of time going over the technical and and logistical concerns surrounding improved Medicare for all as other speakers per me tonight have our already addressed many of these concerns instead I'm going to focus on what I think is an oft over overlooked piece of this puzzle specifically the real question here in my mind is a moral One how can we as Americans stand by while nearly 45,000 of our fellow citizens die every year due to the lack of Health Care coverage as a leader on the world stage our callousness towards our neighbors across the country in this regard is staggering there will be technical issues with any solution to our current healthare problems that isn't what we need to address here and now what we need to address is our current systems utterly failing to

[53:01] protect those who need it the most on top of failing to meet even the basic standard of providing care for those in need our current system is even more damaging precisely because of its for-profit nature which lends itself to bias and Prejudice along class and racial lines finally as the cherry on top of this mess our current system has failed to keep people safe in the midst of this pandemic as people lose jobs and therefore health Co healthc care coverage and are forced to swim the chaotic Waters of applying for attaining and maintaining their own health insurance as a very small fish in a very large ocean surrounded by those who could not care less for them so long as there is profit to be had in short our healthc care system is failing us improved Medicare for all is our best and quickest way to provide for the needs of our fellow citizens we need to make this change not because of technical minutia but because genuine compassion and empathy require us to make a moral decision that supports the health and well-being of everyone around us again thank you for your time thank you Jason next we have Daniel Katz and

[54:00] then Steve pom Daniel the police oversight panel is nothing more than political theater that gives the thin pretense of Reform while changing nothing right now all final decisions on disciplinary action are made by the police chief but with the new oversight panel all final decisions on disciplinary action are made by the police chief the cops aren't going to police themselves in New York City the police follow the review board's recommendations in less than 20% of cases Boulder will be no different the Minneapolis Police review board received 18 complaints about Derek chovin and failed to act on a single one simply put if review boards worked George Floyd would still be alive it is Pure Fantasy to imagine that this oversight panel will have any positive effect I remind you that this is not a theoretical problem officers Smiley and Lola Tha are just two examples of the rampant brutality and violence your constituents suffer on a daily basis you should disarm defund and abolish the police but at the very least you must give the community final say over which trigger happy goons get to walk our streets

[55:01] there's another topic I need to bring up as I'm sure you're aware another of our unhoused neighbors has died on the streets of your city Advocates have been calling into these meetings for months to demand more shelter space be made available and warn you about this exact problem let me be clear you knew this would happen and you made a choice to do nothing because you do not [ __ ] care as I asked you back in October how many more people need to die you all have blood on your hands but I would like to say a very special [ __ ] you to Bob Yates who asked the sheriff last week if unused buildings could be converted into additional jail space because you would rather leave people on the streets possibly to die criminalize their very existence and then forcibly imprison them instead of giving people the shelter that would make all of that unnecessary in the first place used unused buildings for shelter space not jail cells you absolute [ __ ] cre in closing I want to say this slowly because I need youall to understand people live or die based on the decisions you make this is not a [ __ ]

[56:00] game take your responsibility seriously okay that was very eloquent next we have Steve Pals can you hear me now we can we can okay cool steve pance 3351 17 Street as I said in my October 1 email to you all the process around the EXL franchise and utility occupation tax extension ballot measures had numerous apparent Charter violations I request that you do an immediate independent independent investigation of these issues and appropriately address the findings that will help repair some of the Lost trust Charter section N9 requires all Council committee meetings to be public but the mayor and Deputy mayor's meetings regarding the franchise were not and leaving aside the charter issues this was not the open process that you all agreed should happen at your May 12 meeting Charter sections 108 through 127

[57:00] include numerous requirements for items that must be included in such franchises but these were apparently ignored in the FR Exel franchise except for the required vote non exclus exclusivity looks like nobody was even aware of many of the other items and Charter sections 18 and 18a state that ordinances must be published at least 10 days before final final passage the notices for the franchise and uot ballot item ordinance were published and attested to by both the mayor and the city clerk but were apparently sent in the day before their second reading vote took place so they also deceptively indicated vote counts which no surprise given the timing were wrong also the notice for the uot extension was for ordinance 8416 but you actually passed 8417 which was substantively different so that notice failed to meet the charter requirements presumably invalidating the final vote in 8417 so in addition to ANP dependent investigation I suggest that you have the process be fully open and public

[58:01] from now on that may help establish credibility and Trust which really needs it thank you Steve okay with that we will close public comment and turn to staff and see if staff has any responses um Chris no comments from me tonight no from me very good I'll turn to coun and see if there are any comments or feedback uh Rachel and then Bob Rachel um I just wanted to pass along a general compliment I've noticed um in emails and one person tonight as well that um our Muni Advocates so the election did not go their way but they have quickly sort of pivoted towards making the best of the situation and giving us ideas of where to go from here and I just wanted to say I appreciate that as a um council person it's helpful and I wanted to give a compliment thanks thank you Rachel

[59:01] Bob I also wanted to extend a thank you on a different topic I wanted to thank create Boulder and specifically Jan Burton for making it easy quite frankly for city council to restore $100,000 in arts spending in the 2021 budget by offering and and now fulfilling that um commitment of a $50,000 match I don't think that we would have been able to do that without create Boulder and and particularly Jam Burton's leadership so those those Arts organizations that came to thank us really should be thanking create Boulder for putting together a nice package that was um able to um allow us to continue to fund arts and culture in our community so thanks Jan and thanks cre Boulder thank you Bob Mark yeah this is more of a question for Tom um Steve pomeran raised a number of Fairly technical Charter related issues um and I don't mean to put you on the spot with no notice um so if it's not appropriate to respond tonight is is do you have any thoughts let us know but do

[60:00] you have any thoughts concerning any of those issues um well we we have addressed the the section nine issue section nine has goes to meetings of council um as you'll recall Council was careful not to appoint a subcommittee we generally require open meetings if Council delegates authority to council members to make decisions as part of a subcommittee that would make them a governing body of the under the open meetings act uh council member Yates and mayor Weaver were invited by the city manager to participate they had no Authority on behalf of council their only responsibility was report back to councel which they did so we would not treat that as a meeting requiring a compliance with Section N9 or the open meetings act U the the other sections that he mentioned sections 108 through 110 or 120 we've looked at I believe the franchise uh uh comply with each one of those but I'll reach out to Mr palmeran and see what specific things he thinks are mentioned in those that with respect

[61:00] to the notice requirements I'd have to defer to the clerk's office I do remember there was some mistake in the notice but I believe we cured that uh and de Debbie's nodding her head so uh if that's a satisfactory answer I'll proceed along those lines Mark absolutely thank you thank you very good seeing no other hands I'll jump in here um briefly I just want to give an update we've heard from multip multiple people over some time here about the Rocky Mountain Greenway um I I sit for what it's worth on the Stewardship Council for Rocky Flats and the Rocky Mountain Greenway issue I believe and staff will confirm this later but I believe we'll get an information packet sometime before the end of the year and then we'll have reason to return to that uh at the first of next year and the first quarter any decisions that we need to make as a city regarding the Rocky Mountain Greenway and our part participation don't need to happen until the first quarter of next year and we will probably learn more about some of

[62:01] our partners um and their participation by that time so that's just a brief update um we will be returning to it so um I'm happy to take questions from Council or any members of the community about that um but but rest assured we will have a public decision-making process associated with that and then I would just say um in regards to some of the slurs about our police officer off I want to say that I don't and I believe most of the council doesn't believe that our police officers are quote trigger happy goons I think there are folks who are working hard for the city um doing an incredibly difficult job and I would further say that um you may call out any members of council that you would like but to the extent that you're trying to make a point and get people to listen to you direct insults and profanity directed at specific council members probably isn't going to help your case so with that I think we should move on

[63:01] and uh next Debbie you want to lead us to The Next Step absolutely um next we have um the consent agenda and on tonight's agenda you have items a through J very good and Chris I will turn to you I know that we had talked about having a small presentation on item e uh are are there any other um consent agenda items that Council might have questions about if not shall we address um section e which is or sorry um item threee which is the um North Boulder subc Community Plan and the streetscape on North Broadway correct thank you uh Sam and um before Jean jumps into a quick presentation here on the new stre Street Escape Plan I did want to take this opportunity um since this is an item

[64:00] related to planning and development services to introduce our new director of planning and development services Jacob Lindsay who started yesterday uh and so Jacob's on day number two he joins us um from Charleston and there he was the director of planning preservation and sustainability so uh Jacob is going to join our team and um will'll be um jumping in to continuing the improvement work that we've been doing in pnds as well as all of the the projects that the department has so I just wanted to be able to welcome Jacob to our team and to introduce him to council uh and I'm sure you'll you'll see lots of him uh through throughout the coming months well thank you Chris um and good evening mayor members of council um as Chris mentioned I've just relocated to your unique beautiful and important city from Charleston South Carolina where I held the equivalent position for 5 years um I am humbled and Incredibly grateful

[65:02] for the opportunity to serve the community of Boulder as your new director of planning and development services and I'm looking forward to working with the worldclass staff all of your appointed board members and of course you uh mayor and members of council so it's uh with the utmost gratitude and respect that I say that there's no other place in the world uh that I would rather be and I'm ready for the challenges and opportunities presented by this incredible City and uh finally thank you to Chris Muk and for everything you've done during my hiring and on onboarding process um I'll hand it back to you thanks Jacob and with that we'll uh turn it over to Jean great thank you Chris good evening council members and community members um the purpose of this item is to adopt very limited revisions to the North Boulder subcommunity plan as you know we um amend these plans very infrequently this amendment um would replace the

[66:01] street section diagram and description for Broadway in the commercial area with one that reflects the refined design for North Broadway resulting from the community and decision-making process that occurred over the past few years as a part of the North Broadway reconstruction project the refined design and construction project will implement the overall goals of the North Boulder sub community plan to encourage walking biking and Transit use by providing safe and comfortable and convenient connections specifically as you can see on the slide the refined design includes buffered bike Lanes from leh Hill Drive to us36 and an off Street multiuse Path on the west side of Broadway these aspects of the design were Incorporated specifically to respond to feedback from community members prioritizing safety the planning board unanimously approved the change um trying to be really brief um so with that if you have other questions Natalie

[67:00] stippler and I are here to answer um any uh provide any additional information thank you so much Jean council members any questions uh Aon yeah not a question um but just a comment if I may um Jean thanks so much for this uh very excited to see this move forward and really wanted to thank the transportation staff for being flexible in revising this project uh based on Community member concerns and Council concerns and also thanks very much to tab for um uh doing a lot of leg work to help uh refine this plan so I'm very much looking forward to seeing this get implemented and it will be a marvelous thing for North Boulder okay very good anyone else seeing none I will say thank you Jean and thank you for everyone for the work that you put into this okay with that I think we are ready for a motion on the consent agenda unless

[68:02] there are any other questions or comments Bob I move to the consent agenda second okay we have a motion and a second on the consent agenda and I believe this is a roll call vote is that correct Debbie it is correct start with coun uh mayor Weaver hi council member Yates yes young yes rocket Hi friend yes Joseph yes Nagel hi wck yes wallik I motion passes unanimously very good and what do we have up next next we have the um first public hearing which is a continuation of the 2021 policy

[69:01] statement with no additional public testimony great so for this item we have Carl Castillo our chief policy adviser here and I'll turn it over to Carl thank you Chris and good evening council members and uh Mr Mayor um as Debbie said this is the continuation of an October 6th item um the public was able to uh provide comment on the uh policy statement it's the exact same policy statement that we're bringing forward tonight with some exceptions that I will be speaking about so the the quick road map to to this presentation is that I'm going to provide some some highlights about policy successes that we've had over the past year say a few words about why the city adopts a policy statement and how we use it and then discuss the proposed changes to the policy statement after that I'm going to ask our state lobbyist from the headquar

[70:00] strategies to say a few words about the special session that the governor just called and what we can expect in 2021 and finally I I've also uh provided some PowerPoints to capture the changes that council member young has has suggested over hotline so I will uh turn it over to her at that point to allow her to make some comments about her proposals so starting with the successes um over the last 12 months of course you're aware that there was a significant Interruption at the State House in terms of their ability to meet this uh this session and there's actually an abbreviated session with new priorities that were much more important than what we had U originally planned for nonetheless we had some significant uh successes that I want to touch on the first has to do with manufactured homes um we had three things there that really helped to enhance the rights and the interests of mobile home park residents

[71:02] first of all uh we did see the adoption of a rule that implements a law that we passed last year which created a dispute resolution and enforcement program we also saw a p passage of a law that created new new protections for residents and then finally we have another law that was also passed that created an opportunity to collectively purchase their park um moving on we also saw some successes on nicotine and vaping this along with manufactured housing was a counsel priority looking to discourage e cigarette and tobacco use especially among the youth um what we saw is the passage of a law that increased the age to purchase nicotine products and requires retail outlets to have a license that can be r voked that they do not comply with that increased age requirement we also had a referred measure to the ballot on

[72:01] raising taxes on cigarettes and vaping devices which was approved by the voters then we had the adoption of rules that created a greenhouse gas inventory what which was something that was required by a law that was passed in 2019 which we had worked on we also saw the creation of of an RTD oversight uh and practices in governor governance committee um something that we had been advocating for again for over a year um we were able to secure commitments for some arterial brt priorities uh 33 million um from RTD and 40 million from seedot for State Highway 119 and 10 million for the design of State Highway 7 between Boulder and I25 um then we also had the passage of a major police oversight law that really went the long way to enhance the

[73:00] Integrity of law enforcement and finally but not least we did see the abolishment of capital punishment all of these are things that Council had identified in their 2020 policy agenda um some we played an active role those first two ones I spoke about and then the others we played somewhat of a role um moving on wanted to speak a a little bit about why the city adopts a policy statement uh the short of it is regional state and federal policy matters impact the city and we have the ability to shape them uh the adoption of a policy statement provides direction for All City officials to speak and to Advocate on the policy issues uh and to do so in a way that is uniform and coordinated um the actual advocacy or lobbying as you if you will occurs yes it occurs by our state lobbyists and our federal lobbyists but it occurs by all

[74:02] people um so you know I I do some work there council members do work there um and of course we have many other staff members and directors who who actually get involved in various ways in lobbying finally um beyond the issue of direct advocacy um one of the most important things that we do because of course we are just one city an important city but nonetheless just one city we do work with our intergovernmental partners and in doing so um because they also are actively involved in advocacy we're able to help shape the agenda and to work with them to achieve our goals okay so moving on to the changes that are proposed in the policy statement uh first of all you have 66 proposed positions uh with the changes that uh are are new from last year highlighted uh they're highlighted in attachment a of

[75:00] your packet and they are also summarized in attachment B of your packet I won't review those here um because there's quite a few but I will encourage any questions if there's any if there's any concerns about them um the intergovernmental committee council's intergovernmental committee uh made up of four members did meet to review the proposed policy statement they met twice uh they did inform the changes that you see here including the position number 50 on healthc care uh another change that was made to the format if you will was that we shortened the positions we tried to aim to have no more than a paragraph um for a description of the policy statement or the of the policy positions uh just just one way to make this a little bit less overwhelming as the document is in fact um growing we also changed the name of it first last year you'll recall we changed it

[76:00] from a legislative agenda to a policy agenda to reflect the fact that we're not just talking about laws and changes of laws but we're talking about regulations and executive orders and other ways that policies can be very meaningful this year we're changing it to a policy statement and what that is supposed to reflect is that an agenda suggests that everything on there is something that's going to come up in the subsequent year that's not the case we have a lot of things here that are there to capture council's positions and to react when opportunities arise but not necessarily ones that we expect what we do expect are the priorities which are listed both the state and federal and I want to touch on those here by next so for 2021 we have three state policy priorities the first one has to do with climate change and specifically advocating for all policies that are

[77:00] necessary to meet the targets that are identified in the state's forthcoming greenhouse gas pollution reduction road map um and doing so while also supporting the ability of local governments to reach even more aggressive targets three components of this first we would like to make a priority of eliminating barriers to onsite renewable energy generation uh specifically the elimination of the 120% cap that currently exist uh through on net metering um secondly we want to make sure that we evaluate options that would allow us to increase Wholesale in Retail Energy choices and classic example there would be the Community Choice Energy bill that representative hooton uh has carried before and we expect her to to carry forward in 2021 and third um a major sector of the economy that is um

[78:01] will have to make some significant changes to decrease our greenhouse gas Productions is the oil and gas industry and so the third priority is to really reduce the fugitive methane and and greenhouse gas emissions that are tied to that to to the extraction of oil and gas and we will be working very close with um our Climate Coalition CC forca to do this our second priority is transportation related and it is focused on identifi on um advancing the projects that have been identified in the Northwest area Mobility study which is primarily a series of brt corridors and of course completion of the Northwest rail the four priorities that we want to focus on fitting under transportation for 2021 first we want to make sure that we secure additional funding for State Highway 119 and really protect what

[79:00] we've already secured of course we know that RTD in particular is getting hit uh significantly in terms of their revenue declines so we want to make sure that we protect the funding that we' have already uh got commit committed to this project from them um secondly uh I I spoke about the success in creating an over an RTD oversight committee um now our job is to make sure that we we work with that committee and we work to improve RTD governance and Regional equity and the ability of RTD to partner with local governments so we want to make sure that we shape that and our main partner in having influence in that committee is the us36 Mayors and Commissioners Co Coalition actually now it's it is now known as the Northwest uh Mayors and Commissioners Coalition third it under transportation is the adoption of fees that would generate a sustainable and

[80:01] ongoing Statewide and local Revenue source for climate friendly Transportation Investments Investments such as electrification of the transportation system this is going to be a big discussion both on the where the fees get assessed and then how this Revenue gets used and so we want to commit boulders to working to make sure that any Revenue that is raised um is discouraging activity that furthers greenhouse gas um emissions and that um any that the revenue is used for Investments that further climate uh climate mitigation the fourth item is requiring State and Regional Transportation plans to demonstrate that they are reducing greenhouse gas emissions and that those plans are consistent and on a trajectory that are necessary to achieve the

[81:01] emission goals that um that the that the uh the governor's blueprint um greenhouse gas um plan has identified so that is the first two the last it has to do with immigration um some of you may remember that early last decade in 2003 and 200 we had um a general assembly that passed several uh anti-immigrant pieces of legislation that were fairly fear-based and ones that um I don't think reflect either the values of the city nor of the current members of the general assembly so a priority is to repeal three of those laws which together U really restrict restrict the local government's ability from proactively engaging with undocumented immigrants to meet the community needs um moving on to federal policy

[82:01] priorities first one has to do with getting fiscal support from the federal government for the uh covid impact that the city is dealing uh both the health response as well as the uh the fiscal impact that the city is is feeling this is an ongoing effort that uh the mayor has been working on for quite a while and we hope to see some advancements in January the second one is a priority to reform fifra which is the federal pesticide law to do a variety of things including restoring Lo local government control over pesticide regulation and to ban neonicotinoids and other damaging pesticides and to close the loopholes that allow industry to bypass the pesticide registration process and to provide protections to Frontline effective communities including Farm Workers this goal is reflective of a

[83:00] bill that was introduced by our own Congressman the goose we actually work with his office in the creation of it and we'd like to continue to work with him to make sure that it has passed perhaps not this year most likely reintroduced in 2021 third is our support for this for State State Highway 119 and more specifically because we do have to take these things in chunks is the intersection of State hway 119 and hover this is one that uh the mayor our past mayor and the current mayor have gone to DC to advocate for federal funding for this intersection as an important step towards building brt and the multimodal uh improvements for that Corridor uh finally we always have and ow will have a priority uh that focuses on making sure that we keep the federal Labs funded that's our role more importantly than anyone because the federal uh employees

[84:01] are not allowed to Advocate um as well as the University of Colorado Boulder um as you know of course they're both heavily funded by the federal government research in the case of the University as well as state funds in the case of the University so uh this fourth priority reflects um that need so with that I'd like to um turn it over to coin and Adam iberg I'll let them decide who's going to speak first and they'll just be speaking about what to expect in this special session and in the uh in the 2021 session great thanks Carl um nice to see you all on Zoom I'm sorry that we're not all together uh I'm going to speak just a little bit about what we know about the special session and then will is gonna talk about uh what we anticipate for the regular session if you call it that or The Irregular covid session um today the governor made an announcement uh that I think probably

[85:00] 30 which he uh revealed a new color on the dial and also uh spoke I think at some length about a potential special session that he intends to call in the next several weeks our intelligence tells us that it will likely be sometime the week after Thanksgiving and that um he will make the call as I think probably all of you know when the governor calls a special session the call as it's uh known both legally and colloquially is uh what drives What legislation can be discussed during that session and the governor can make it as wide or as narrow as the governor chooses to do we anticipate that the governor will make it fairly narrow to deal with covid related relief and primarily budget covid rated related relief he put in in his budget

[86:01] submission uh to the general assembly on November 1st a$ 1.3 billion doll covid relief package that include the $375 that went to all unemployed coloradans that has already gone out the door and then a series of other Investments uh that he wanted the legislature to take up they have decided that they are going to take up that part of the relief package uh in advance of the regular session in January and the four things that he laid out in uh the press conference today were small business relief in the form of direct Aid and tax relief housing and rental assistance support for child care providers and expanding Broadband access for students and Educators we anticipate in addition to those four buckets that some legislators uh will uh on their own introduce legislation that fits under

[87:02] the call but isn't specifically one of the governor's bills and we could see things uh all across the Spectrum there's nothing that prohibits them from introducing those bills so we don't expect they'll just be four bills that deal with those four things but more a broad uh uh look at those sorts of things um their hope is that the session will be very very fast like that they can get in and out of the building in three days which is the time it takes to pass a bill they're talking about additional covid protections although um those of us who are creatures of the legislature are skeptical about their ability to pull a 100 legislators and at least that many staff people all into one space for some period of time and not have some trans Mission so I think it's a good test run for the general uh session that is supposed to start in January and as soon

[88:02] as we get more information we'll pass that along to Carl and he'll pass it along to you as far as timing um Carl are there anything that I missed or questions from Council with regard to the special session uh nothing for me and uh I I don't know if mayor if You' prefer to take uh ask some questions of of Adam now or we can always come back to him um I don't see any hands raised so let's keep going and we'll take questions at the end great so I think Will's G to talk about what we anticipate uh for the regular session all right I'll jump in hello everyone good evening so this special session that Adam's talking about will be the last harra for the current general assembly and speaker Becker who you all know very well will have her last harah as Speaker of the state house and in January when they come back on the 13th we will start the new legislature and I think you all are um probably follow elections pretty closely so forgive me if I'm repeating things but our elections here in the

[89:02] state for the state legislature were um almost sort of opposite of what we saw on the federal level in in that they were decided at you know five minutes after 7 pm and there was not a lot of drama and not of a lot of unexpected outcomes the legislature will overall stay basically the same um the partisan breakdown of the state house will be exactly the same there'll be 41 Democrats and 24 Republicans there were a couple of seats that flipped but the overall makeup stay the same on the state senate side the Democrats picked up one seat so they'll go to a 20- 15 majority um change from a 19 to 16 majority the leadership in the state senate will stay the same um where president Garcia is from PUO and then your very own Steve fenberg that you all know well is um will be the majority leader in the Senate and then the big change for the city of Boulder will be on the house side where um speaker

[90:00] Becker is stepping down for term limits and Alec Garnett um a a younger guy younger than me uh will take the Helm of the State House in um in January and then daa escar who is from peblo and who's been on the joint budget committee will take over as majority leader in the house overall in the grand scheme of things I don't think this is going to change the the overall tenor and makeup uh of the legislature it will generally stay the same in terms of issues you know Carl just walked through the extensive list of your priorities I think you all just listing that can understand that there's a lot of different things that will come up in the session um certainly covid will continue to dominate the discussion budgetary issues related to covid will continue to put a lot of pressure the uh the state took a a big last spring um there's been a lot of economic recovery you all which you all have seen in Boulder and have dealt with

[91:00] your own budgetary issues I think the big question will be can the can the state's economy hold on through the winter but that will be huge for those of you all that have not spent a lot of time around the legislature the other thing to know about issues is that every single legislature all hundred gets to introduce at least five bills whether you're in the majority or the minority and every single one of those bills gets aaring in in a vote so when people ask at the beginning of session you know what's the big thing there are going to be hundreds and hundreds of different issues um and it's always very hard to put your finger on what's the the biggest hottest topic but um maybe to Echo Adam and then we'll quickly wrap up I think the logistical challenges of the legislature meeting during covid will be a a key Dynamic this year um we don't know whether they're going to gavel in and gavel back out and come back power through right from the beginning so um like so much of the other stuff

[92:01] going on in all of our Lives it will be an unpredictable winner but we're looking forward to continuing to work with you all and get the best results we can for the city of older great thank you will and that concludes our presentation um what I'd like to do uh of course is uh turn it over to you uh Mr Mayor but I also wanted to do two things I guess one thing is say that the purpose of tonight's item is to conclude with a a final policy statement that that either we have the exact words for or that I at the very least that I have gotten sufficient understanding of the changes that you want to make and that you felt comfortable with me making those changes in that regard um as I mentioned council member young did have some changes that she sent to me I took them and I integrated them into four of the city's positions three existing and

[93:00] one new one so at some point um as you please um mayor Weaver I will be happy to show those on PowerPoint and and perhaps M uh Mary young could speak towards him yeah I think that would be good as a closing before we turn to council so please do okay great G to share my screen here okay can you see the PowerPoint see not yet Carl not yet okay try this again there you go it's coming up now okay great um okay so this is the first change and um council member young perhaps you'd like to speak towards this yes I would and um Carl I did add

[94:01] make some additional changes that I sent you after you Incorporated these and um I will try to incorporate them as I speak but this one um has to do with the um that that has roots in the our mayor our vote U ballot initiative that passed this November and um what I wanted to hopefully reflect is that um we would be that the city would be open to other methods um besides from um rank Choice voting and um and rank Choice voting that's one of the changes is to include both instant runoff voting which I believe is was the intent of um our mayor our choice was the instant runoff voting but to include both um Irv and single transferable vote um as well as other alternative voting methods um and so I added

[95:01] um under let me I'm G to try and um wherever the RCV was mentioned I did um I did include in parentheses um instant run of voting and single transferable vote to be clear because it appears if I could briefly interrupt you the yes please additional changes that you provided me should be incorporated here so okay yes all right thanks Carl [Music] um all right um the main change is at the bottom the last statement at the bottom that basically makes um the statement that we're open to whatever um changes in voting methods the state sets their mind to um make effect effective so um the main things being that they include expressive um that

[96:00] they be expressive voter intent um eliminate spoiler effects Provo provide promote positive campaigning um improve diversity and proportional representation be easy and inexpensive to implement and um and result in an election that is um expressive of um voter intent and I think that was maybe cut off yes it was cut off so apologies for that oh no worries um but that's um that is um that first change that I um am asking Council to consider so so can we stop there Carl and can you go back in your slide um I don't mean to be argumentative Carl but I think that you missed a couple of what I saw in Mary's last um email and and so Mary I don't mean to put words in your mouth I'm just looking at the email you sent um to Carl

[97:00] and I um in the first line Carl after it says require rank Choice Mary had put in uh parenthesis instant runoff um that is true and must have had some um addition uh challenges because I actually did make that change somehow it was not captured here but I will make sure that that is captured I did see your your changes um so just for the benefit of council and for U the public um oh isn't it yeah it's not quite there so so so so Carl you did get the title changed the way that Mary suggested so that's correct it's just that the things she added in the body don't appear to be added in in what you've got up there yeah yeah I believe the the the one

[98:02] that's missing is the one right in the first sentence where after rank Choice it has instant runoff in parentheses and then another one just to be clear is the next time RCV shows up further down I think it's in the the fource sentence you'll see that there's the necessary software for RCV Mary had put parentheses both instant runoff voting and multi- winner single transferable vote and it continues and other alternative voting methods yep and then I think you got the last changes in there correctly so it's just the two it's the first sentence after rank Choice voting and then the fourth sentence after RCV so correct great I just wanted to make sure we're we're all clear on that it's an attempt to Define

[99:02] RCV both the term rank Choice voting and the acronym a bit more broadly than just leaving it with RCB sorry to be confusing apologies no problem thanks Sam okay um and then the next change uh that I proposed was an additional bullet item M to um with the thought of what um one of the goals that Carl actually brought up um the repeal of some 2006 era um laws that were passed to repeal laws hostile to Immigrant rights and uh repeal of federal policies because hopefully um we will have a new president January 20th and um repeal of federal policies that were designed to diminish the rights of immigrants non-white people and those

[100:01] without proper documentation the next one um was due to um I think it was last month when we were considering passage of a uh resolution of racism as a Public Health crisis we did not have anything in the policy statement to directly support that resolution and Carl went in and actually looked at resolution 1275 to be able for us to pass that resolution so the attempt here is to put something in our policy statement that explicitly mentions um dismantling of institutional and systemic racis and um so the change is added to a policy that was already in place um and

[101:01] it is um the first part of the title of the policy which is support for policies that address and begin to dismantle institutional systemic racism that include but are not limited to Health Equity housing and wealth access and environmental pollution and um it was added to Criminal Justice Reform and that Justice is missing the E I just noticed um and the change that is reflective of the resolution is the first um part of the sentence which reads in 2019 Boulder City Council adopted resolution 1275 committing the city to promote racial equity in relationships programs services and policies the city will need changes in state and federal policies to help meet this goal and then he goes on um goes on to um reflect the policy that was already in place um regarding Criminal Justice

[102:04] Reform great and go ahead I was just going to point out um that we have hands up and so I'm want to check in on the hands before we get too much further I've got Aaron and Rachel um Aaron oh just that uh in the one previous to this on the the rank Choice voting I think there was a typo that I wanted to point out uh can you go to the rank Choice voting one Carl please um so well okay so in the um the new sentence in yellow there it says the city supports alternative voting methods and I think there's a missing word that can be more expressive um so if we can get that in there and then I I'm also not sure how that sentence ends I guess some got cut off and Mary wasn't sure yeah I'll go

[103:00] ahead I'll go ahead and yeah I'll go ahead and read what I sent um this the email that I responded to Carl with in that sentence is the city supports alternative voting methods that allow for more expr that allow for more Express expressive methods of voter intent eliminate spoiler effects promote positive campaigning improve diversity and proportion proportional representation be easy and inexpensive to implement result in the election of the candidate or candidates preferred by the most voters and more accurately report majority support so that's the whole of that sentence okay I you said the part of that a few times I didn't quite get what supports alternative voting meth meod what came after that supports alternative methods that all allow for more that allow

[104:04] for more expressive voter intent um I think it's there's an extra of there but more expressive voter intent eliminate spoiler effects do you want me to continue reading no no no it was just that that allow more expressive but I that that bit of that sentence is just isn't quite making sense to me and I think it's um I think it would make more sense to say the city supports alternative voting methods that are more expressive of voter intent sounds yeah very good Carl did you get that I did yep thank you Aaron yeah thanks Mary Y and Rachel did you have anything I I did but uh the moment passed I'll just hold it for discussion and questions okay very

[105:00] good okay so I think we've got that worked out and Mary you had suggested the three changes um I think we're clear more clear now on on what the first one is the the second two were pretty clear Carl did you have any other um there's a fourth one oh I'm sorry what's the fourth one the fourth one was to add a policy for um covid response and recovery and um we have been doing a lot of this and I wasn't sure where that was um it it seems like something that was needed in the policy statement um that we have been doing but but was not expressly anywhere to my knowledge so um and that is why I suggested this um and the statement reads um it's number 43 support for state and federal aid for response and

[106:00] recovery from the covid pandemic and the associated economic and fiscal crisis the city supports substantial direct and flexible emergency financial assistance to local governments and the most impacted members in their Community to help address both the health challenges prevented by presented by covid-19 as well as the associated economic and fiscal crisis and that that's all for policies okay I will stop sharing this screen if that is okay with you and Carl is that the end of your presentation do you want to turn back to council yeah I I'll turn it back to you okay very good and Mary just a comment on your last point it is interesting that it didn't show up in the actual policy itself it is the the first of our federal policy priorities is pandemic

[107:01] fiscal support so it's good that you caught that thank you okay so I think we're ready for discussion we've had public testimony and we've had the updates from our um lobbyists and Carl's made the full presentation of the legislative agenda so um open for discussion at this point I'm not seeing any hands Rachel well are we doing discussion or just questions at this point and then public hearing or we already did public hearing we did public hearing and questions already so we are you can do more questions or discussion at this point I do have just um two more questions um one on issue 45 which is um gun violence prevention I think do we know uh what the state is proposing on that or what any coming bills might be um um usually there are some um routine attempts to undo legislation that uh exists and and um sometimes there's also

[108:03] uh legislation brought forth that is um extending uh gun violence prevention goals so just wondering if if we can be more Concrete in our asks there yeah so thank you um so position 45 is on preventing gun violence it includes advocating for background checks uh storage uh an issue of banning assault weapons um providing for um local control over gun regulations um advocating for a waiting period for the purchase of firearms and a minimum agage increasing the minimum wage to purchase and possess firearms and it also indicates um opposition to make my Aid laws um and concealed concealed weapons or or more specific specifically the the um well this is kind of a long um position here but um it would limit the state's ability to

[109:00] regulate concealed weapons or local government's ability to restrict possession of weapons in public facilities so your specific question is what's realistically likely to come up and for that I might turn it to uh will who might know more than I do on that one actually I I'll take it Carl we'll we'll still on mute so um uh what we expect to see this this year is the normal uh attempts to repeal the magazine ban which come every year and I think will come every year for a long time um there was an attempt last year to also repeal the red flag law and we expect to see that again so on the repeal side or the um the prun side that's what we would expect to see on the gun violence prevention side there were two bills that were in the mix last year that um were casualties of the co Session One creates a lost and stolen gun registry for uh firearms that are uh

[110:01] either lost or stolen and then uh law enforcement has access to that uh that list and can identify where the guns have come from and it helps to um slow down the trafficking of such guns uh gun shops also need to check it and then there is a talk and a proposal of a bill requiring the safe storage of Firearms um that would require Uh current federal law requires a trigger lock be sold with every handgun in the country The Proposal as I've seen it would require a trigger lock or some other mechanism locking mechanism be required for all guns long guns and handguns and that trigger locks would now be uh mandated to be included in the sale of long guns there would be some sort of penalty if your firearm was used um criminally and not stored safely so those are the two pieces of legislation

[111:00] we expect to see this year there could be others there's talk of others but those two are I think are the ripest and the ones we expect to see thanks um so at least for the oppose maybe we could add opposing repeal of red flag red flag law hero we can certainly do that um thanks for that um explanation and then my second question is on Mary's proposal on um the instant runoff and rank Choice voting it seems to me that what we need to do is to advocate for the state to um take steps that will allow us to enact the will of our voters so does any of that language in there um allow the state to do something different than what our voters voted for because I'm just concerned that um by making it too broad we could lose the f focus on what we actually need so I'm not sure if that question is to Carl or the lobbyists but can you do something so broad that you backfire and then

[112:00] don't get what you actually need for your city so thank you council member friend that that's a great question I believe that the changes that council member young has propos are not problematic they clearly indicate that we need um direction from the state to allow the county to uh Enga use rank Choice voting it indicates that we would support additional methods of alternative voting um so I guess how this might play out is should there be a bill and in fact we already know that there's a bill that may be introduced on this very issue um and should it advocate for just rank Choice voting my understanding is we would support that we would attempt to get it to make it broader to include other methods of alternative voting but not to the point that we would endanger its passage of the core part of it which we know that we need by um 2023 so that is U my read of how this position uh would would be uh used and so I don't see it as

[113:02] problematic to make it more expens expansive okay could we um could we modify it to at least say like above all we want rank Choice voting and instant runoff or whatever the proper language is there so that we you know like 80% of the voters I think voted in favor of that so like make it clear that it's it's not an either or but like that's the top thing that we want and then the other stuff is great in addition but we don't want the state to you know just do something that uh makes voting more um more representative like we want that exact thing that was voted in and then the rest is fine too does that make sense yeah it does well first I certainly would rate it that way but you certainly can make changes if Council would would like to I I can certainly revise this to clarify that first and foremost we we need the authority to conduct elections with rank Choice voting and then we would also like

[114:00] alternative voting methods um I don't I don't think it's necessary but um certainly can be done if that's something you'd like to propose all right uh consider that proposed to the fellow council members and then is this should i h go ahead and get into my other discussion topics Sam since we've done go through my little list here you're on Rachel go through your list wait um Okay so so on number 37 which I'm sure we don't all have memorized um the issue is on um fund and protect the municipal uh justice systems ability to combat homelessness um and there's a clause in there at the end that says we uh oppose legislation that would diminish local control and authority to um govern homelessness or address homelessness in the manner best suited for Community needs and and I have a problem with that putting aside the um camping ban which I imagine is the Hot Potato issue that

[115:00] that is the reason that we want that in there I actually would prefer that the state take some action on homelessness to sort of um make it something like minimum wage so that wherever you are in the state that you are unhoused you are um going to receive some services so I don't understand and it also you know there's sort of a a narrative in Boulder that if we do things too well um people will come from all over the state to receive our services so I would actually rather see or have us Advocate to the state um to improve homelessness services and um that goes against local control so I'm I'm opposed to that clause in 37 um and then the last thing is just maybe a general comment and a request for the committee members to sort of look holistically at at the balance of our um of what we advocate for so as an example um we have like one paragraph on

[116:00] criminal justice and I think that just got um bifurcated by Mary's addition um which I don't I'm not opposed to but that's like all there is on criminal justice and then we've got like the first several pages on um energy issues so I'm not sure the history or how we got here but it seems lopsided towards certain issues and I don't know that that they represent um the the most dire needs of our community and so just would ask that maybe the committee consider looking again holistically at how much um time and energy we are spending advocating for some things and not others and and some of those things have huge impacts on our community members that's what I got thanks very so I have one concrete proposal and one issue to take back to the committee is that that fair that sounds fair um let me pull up my notes again so I I'll try and repeat

[117:00] it just to make sure I captured it so we can talk about it you have the issue with rank Choice voting and I'll come back to that with a comment later you have the issue with opposing section 37 and you had some portion of section 37 I wasn't quite sure what that was but and then you talk about having the committee go back and look at balance yep it sounds right okay so there's two tonight that could be talked about that sounds accurate well done okay got it Mary yeah um thank you Sam um I just wanted to provide a little bit of history on um the policy statement that I just bifurcated um that was actually a statement that I had requested um a couple of years ago before that there was nothing on Criminal Justice Reform so I by at my own policy that I had suggested a couple of years ago and I'm glad that you suggested it and I'm not opposed to the bifurcation

[118:01] I'm just using it as an example of like I think that whole section you know should receive a lot more attention and so um you know I'd be in favor of you you know the first part getting its own section too but also just looking um having the committee look deeply at like why why why isn't there more balance in the SE in the sections okay Mary did you have anything else um no that was all okay so as far as I can tell um we have pretty good agreement throughout most of this and I'll dive into the details in a moment I want to step back and thank the committee for having worked through this with Carl and I want to say Carl we' seen lots of versions of this and I think this is probably the cleanest and easiest to read and follow of all that we've had so far so thanks

[119:00] for I know you've kind of revamped this and made lots of edits and we're seeing the final version here but I want to thank you for all the work you put into this policy agenda um it is a great document for us to carry forward it always gets revised um I I do just want to thank both the committee and Carl for all the work that's gone into it and our lobby as for their input as well so um I've got two items outstanding I'd ask does council want to raise anything besides the rank Choice voting and then Rachel's point on um opposing part or all of policy 37 looking for hands or wave at me or whatever okay so let's start one of one at a time um let's go with the rank Choice voting I have comments but I would be happy to hear if anyone else has responses to what Rachel put out there as far as

[120:00] Adam then Bob thanks Sam and thanks for the suggestion Rachel um I tend to agree I want to make sure that at minimum we can provide what the people ask for and everything else is secondary to that not that I wouldn't like to see other ways of voting being explored I think that will be important in the future as well so I like I like having that whole statement um but I kind of agree it's one a and one B kind of to me okay very good iang got one moment I'm just rereading it um after Adam we've got Bob and then Aon and then juny Bob um Carl would you mind putting the language back up um so we could look at it Bob I'm happy to that in fact I should mention I do have the ability to share my screen what I can do is pull up the actual policy statement and that might be the cleanest way if that's okay

[121:00] with you yep okay let me go and do that so I'll start talking why Carl's doing that I actually um I actually like what Mary's written I I keep in mind that the the three people that we're really writing this little love note to are all on on the call with us right now it's it's Adam will and and Carl right and they're the ones that carry forward the will of councel and I think they've heard heard loud and clear that they that we want to make sure that we get the um ranway voting uh uh enabling legislation that um helps what our voters approved in the um in the fall election and then secondarily if if a more broad bill can be advocated for then that's just icy in the cake so I'm I'm not sure that we really need to word Smith is anymore since I think the three people who really need to understand our intentions um just heard us pretty clearly u i mean if we want to word Smith it some more in case Carl or will or Adam forget what we talked about tonight I suppose we could do that but

[122:00] I'm actually pretty happy with Mary's language you Bob and we've got Aaron and juny yeah I'm I'm more where um Rachel and Adam are that I mayor I appreciate you adding in the uh support of the other uh alternative voting methods I think those should be in there but I'd prefer language that says number one one uh please enable this uh ballot measure that our citizens just P our residents just passed and then number two uh please while you're at it also uh explore other alternative um voting methods uh including uh Mary's great language there in that lessons JY I am I understand what Adam is saying but I am actually okay with the comments or the changes by Mary because of um

[123:04] what call said um he mentioned that it is unnecessary so therefore I'm not so sure why because I think as council members or as regular people who I'm not sure how many of has have drafted these you know these legislations or legislative policies and I think if the person who's the drafter who knows how it's done best said that it is unnecessary I am I I would be willing to side with him and just go with what he said so and if it's not really gonna make any difference I think we're just I'm not so sure why we're going down that path so I'm willing to leave it as is and just just go with what Mary said because

[124:00] it doesn't seem like there is any substantive changes that it will add up by parsing the changes or making those changes thank you jany I have no other hands so I'll weigh in here I'm also pretty happy with what um Mary has drafted and what Carl says is good um you know rank Choice voting is is a catchall um bucket it has lots of things which go under it and so Mary's addition of instant runoff in the first sentence and then instant runoff as the first thing clarifying um rank Choice voting rcd in the four sentence I think put the um single seat instant runoff voting first which is what our voters approved even though it probably wasn't called that um that's what it was and then the multi-winner single transferable vote which is the thing which would enable more people um and and promotes diversity and so on is listed second so

[125:01] in both cases what the voters approved is listed first so in short I'm where juny and Bob and Mary are and I'd just go ahead with what Mary's proposed and Carl says is probably sufficient okay so I if we need to we can take a vote on it um it it seems to me like we've got a a close split I count three Adam Rachel and Aaron who would like to word Smith further I got a few of us who wouldn't want to word Smith further so why don't we just do this a quick straw P raise your hand physically so I can see it if you would like to to change what Mary suggested I got one two three okay and everyone who would like to leave it the way Mary has drafted it uh raise your hand one two three four okay so we'll leave it as it is thank you Carl and

[126:00] then Rachel the next item that I have is discussion and resolution on Section 37 so would you like to to say again specifically what you're interested in sure if I before we move on Sam could I make just one small comment regarding the um the statement on um on voting methods and the reason I one of the reasons I included this was because um of one of the statements in the last sentence which is easy and inexpensive to implement um as as you all recall our county clerk said that um it would cost about $300,000 just to get the software um license to be able to conduct that um voting method that was suggested in the ballot initiative if it is not done by

[127:00] the county and the city would have to do it so that's $300,000 just for the software license and not including any um Personnel or other expenses so I just wanted to make you know given the situation that we're in right now economically I just wanted to make sure that if necessary um the city would not have to undergo that expenditure that's all I have very good uh if that closes out the voting question then I think we're on to um section 37 so Rachel okay so section 37 says fund and protect the municipal Justice system's ability to combat homelessness and the tail end of it says um City supports State legislation that funds and facilit Ates homelessness um combating homelessness efforts at the same time the city opposes legislation that would diminish its local control and authority to address homelessness in

[128:01] the manner best suited for Community needs including prohibitions on local governments Banning camping in public spaces uh so my concern there is again that I'm well broadly my concern is that we want to help the members of our community and our state who are most vulnerable um and that includes people who are un housed so um we get a lot of push back um and there is you know at least a theory that if you um provide extra Services people will come to your city because they're not receiving good homelessness services in their own City so from my perspective it would actually be better if the state um did require cities to have a baseline of services um for example some cities have in their Charters that they may not have have homeless shelters and that's that's not actually good for Boulder when they don't do that because then um you may want to come to Boulder for shelter and

[129:00] it's good that we have that but I think it's better if people who are unhoused can get Services where they are so I don't think it's to Boulder's benefit to um say to Advocate against the state for you know some um efforts the state was um making to try and improve services for people who are unhoused I think that um I'd rather see us advocate for better services for people who are vulnerable and in and in need of State services and in need of um services with their their own um municipalities so I I can understand um there's a lot of uh divisiveness in the community about the camping band so even if we wanted to leave that clause in I think it would be preferable to limit it to that clause and not um tie our hands on on advocating for improve ments um at the state level does that make sense uh I would turn to you and ask for a specific proposal there things you want to strike

[130:00] are there words you want to add is there I would so personally I would strike the last sentence I imagine that people if anybody's interested in even considering this would want to leave in or modify it to just um City opposes legislation that would limit local controls ability to to ban camping in public spaces so one of those two Alternatives um but I don't think that we should that the uh the entire middle Clause just um broadly limiting local control I don't favor and I don't think it helps our community okay so I think I have Aaron juny and Bob but I'm not sure if any of these are leftovers so so it looks like some are leftovers so Aaron do you want to comment on Rachel's point it it was a leftover but I also want to comment so I'll take the Fig I figured as much um can we um so I'll come back to you but I'll just make a quick comment um can we

[131:00] get the hands lower very good okay and so Aaron go for it and then Bob uh yeah Rachel thanks for bringing this up I I've uh I've disagreed with that as well every time it's come up when it has actually come up I think my uh when I'd been on Council for just a few weeks this came up and I was opposed to that um as it's written so I would support one of uh one of those two as well that um that there could be interventions from the state level that would take away local control and ways that would benefit us and benefit the state and benefit uh folks who are experiencing homelessness okay Bob well I disagree um this the Clauses like this appear throughout this policy statement there's probably Carl I don't know six or 10 or 12 of them throughout uh and um I think we pretty consistently in the Colorado Municipal League pretty consistently ly resists um State legislation that diminishes local control on any number of topics um and so I I I I'm not sure I

[132:01] understand why striking that would be a good thing so if if there was a bill that um limited our local control on homelessness we would be in favor of it or we be neutral on it I mean what would what would we want to do with that I think we need to take a position as we have on any types of limitations of local control so I would keep it in right then I've got Adam and juny Adam yeah I don't know where this should go or how to put it but I completely agree with the idea that the state should have the ability to sort of create a minimum standard for every city to abide by when it comes to dealing with issues of homelessness and that may be an entire different clause or something along those lines the camping ban is is there in the ideal world so that people like anyone on Council won't just go to the park and Camp it's not necessarily for people who are

[133:00] experiencing homelessness that that rule is in place in my mind at least so I don't know if we send this back to the committee or what but I get exactly what Rachel is going for I don't think striking this is necessarily the way to hit it but yeah coming up with a Statewide minimum of service I think is a policy policy stance that most of us would probably agree on thank you Adam juny and then Mark I do agree with Rachel on mechanism that would allow us or help us to better serve our homeless population but I do understand the importance of local control it doesn't just serve one purpose it's

[134:01] multi-purpose so I'm wondering because I'm looking at the yellow section and I'm wondering for Rachel is it for me when I read it the part that is most troubling is the part that says including prohibition on local government Banning camping on public spaces I wonder if we could put a period after needs and just remove that section would Bob be okay with it would Rachel be okay with it as opposed to removing the whole thing because I think the local control part is important I think but just the prohibition on local government B in campaign I just think that extra is not needed does that make sense yeah that that was question to me um I so just spe you know this whole section is just specific to homelessness and so I'm not suggesting that we eliminate local control throughout this document but as

[135:00] specific to homelessness and our goals for helping our community members and feeling like our hands are tied um because you know by people who don't want to provide really good Services because they think people are going to flock to our city as a result of that I think that the answer is not us providing less services but other towns providing more and the language in here saying specifically we oppose legislation that would diminish local control means that we can't do what like Adam just said he supports which is a Statewide effort on specific to homelessness some some minimum Baseline services so that clause in there City opposing legislation that diminishes local control as to combating homelessness is really the piece that I'm concerned about like I think it I actually want to Advocate the other way um and and I talk to State lawmakers about that like I want the state to to um to do things that will make life easier for people in their own communities and so this actually goes

[136:01] against what I do personally advocate for um at the state and federal level so I guess I just don't know why we would want that clause in there that ties our hands as a city outside the camping band junor is that are you done or do you want want to respond no I mean I've made my point as to where I thought the the changes could be made and where the challenges are for me and I mean I understand where Rachel is coming from as as well great uh Mark quck yeah I don't know that there's a necessary disconnect uh between uh advocating for some minimum standards on a Statewide basis for the provision of homeless services and still permitting um local control of how those services are provided in the context of those

[137:00] minimum standards and I would be happy to uh include language that is receptive to uh establishing a you know minimum state standards for providing homeless Services uh while still uh retaining language that permits us to chart our course in the manner we think best so I guess I'm agreeing with Adam um that this may not be the sentence or the place to put that language in but I would be receptive to adding some such language to the document great and I'll weigh in here there's no more hands up um I'm not interested in changing the sentence that's here now I think it's here for a reason and it's important to be here however I do hear what Rachel saying and I would say that we send it back to the committee to try and come up with um the other policy that goes along with this and then clarify this language

[138:00] referencing that other policy that says we do support minimum State Standards um within whatever parameters we want to put on it I I think generally speaking that these kind of changes need to be put forward earlier so we can read them and think about them it's hard to heart to word Smith on the Fly and so I'm not interested in changing what's there because I think what's there um is here because um we we do want the ability to in particular um have banss on camping in public spaces and we'd like to have local control on how we manage the challenge of homelessness in buer because there's unique needs here but I do agree that it would be great to have state minimums for um you know homeless services are being provided I just don't think we're going to get there tonight very easily and if we do it'll be cobbled together but I would support

[139:00] sending it back to the committee with a recommendation to make sure Carl will take a note to come back to this and try and address the issue of State minimums for services that are provided while still allowing um the justice system to make the rules that we need to so that's where I'm at may I call qu out with you on that sure please I I I would have to agree that that doing this on the Fly is not the best way to proceed and we ought to send it back to the committee uh and and you know deal with this in a more systematic uh manner I'll call it way that works for me okay okay very good well that sounds like consensus to me so I believe that we'll leave it the way it is and Carl you took a note that at our next um legislative committee meeting we'll will'll address um how to parse out support for State um mandates for homeless services and maintaining our

[140:00] ability to um have our own justice system approach I got that okay super so with that are there any other issues Final Call for points to have a conversation about great seeing none I think we're ready for a motion uh Aaron I see your hand yeah I was um actually going to make a comment just that I wanted to respond to the folks in in open comment who were advocating for the council support of the improved Medicare for all and just wanted to acknowledge um uh their efforts and their advocacy and say that I think that under our uh new um Health Care policy as it's written that uh that we would uh support the the city would support uh improve Medicare for all Bill uh if it comes to the floor uh we just also left that language uh to be open and more broad uh because you know with the state

[141:00] of the federal government right now uh we very much hope that there will be progress on Health Care U making it cheaper available to more people ideally Universal but the reality of the federal government right now is that the next steps are likely to be incremental so um we want to make sure that we would be out there supporting um any bill that came for would improve health care for our residents in the country as a whole great thank you Aon well said anyone else okay I think again we're ready for a motion if somebody would like to put one on the table raise your hand we have lots of leftovers so I will look for a hand wve Aaron since I sort of have the floor um I'll move that uh we approve the 2021 policy statement on regional state and federal issues um as amended by the changes that Mary suggest and were were posted um on the screen earlier Carl is that capture yes yep

[142:04] second okay we have a motion in a second um Debbie is this show of hands yes okay very good I will ask is there anyone oppose the motion very good the motion passes unanimously very good thanks so much Carl and thank will Adam for being here and thanks to the committee again for your working this up for us what's next Debbie um we their second public hearing tonight is the continued second reading and consideration of a motion to adopt ordinance 8431 designating the building and a portion of the property at 1770 13th Street as an individual landmark thank you Council uh here to present uh this item again is Marcy Cameron a historic preservation planner froms take it away Marcy all right

[143:00] thanks so much and Taylor could you pop the slides up on the [Music] screen excellent thank you um good evening Council um this is the continued second hearing for the designation of the tea house next slide the criteria for your decision tonight is found in 9111 and 9112 of the boulder Revised Code and that's will the designation protect a building or site reminiscent of significant eras events or people from Boulder's past or does it provide a significant example of architectural styles from the past and then will the designation maintain an appropriate setting for the building in sight next Slide the options in front of you tonight are to approve the designation by ordinance modify and approve the um the ordinance or disapprove the designation next slide um kind of a check-in on the

[144:01] process um it came to you in first reading back at the beginning of October and then the second reading was October 20th we left that meeting with direction from you all to um add language to the designation ordinance to protect the interior of the building as well as the exterior and if approved tonight um we'll come back to you on December 1st on the consent agenda for third reading next slide just to make sure we're all talking about the same tea house it's the one at 1770 13th Street um near the Band Shell in the atrium in the East um bookend next slide so since October 20th um staff has met with the applicants the friends of the Tea House as well as Lenny Martinelli who is the operator of the restaurant to come up with um language that protects the interior but also does not impede the

[145:00] operation of the restaurant and we were able to um come to that language and agreement uh which is what's in front of you here tonight next slide so I would just like to pause and say thank you so much to both Lenny and the friends of the tea house for working together to find a resolution and um just briefly going over what the approach and changes are in the ordinance we first state why the protection of the interior uh features is Justified in this case it's a city- owned building that's open to the public and the building was originally designed as an open air pavilion second it clarifies that the regulated portion of the building is limited to the Pavilion portion of the tea house and does not include the utilitarian part which is the kitchen the bathrooms the hallway and the office and then it outlines the review process for the interior and our approach was to fit it into our existing design review

[146:00] process rather than creating something new um just for this case and then finally in the um section that describes the significance we added the significant interior features as well next slide we also added this um floor plan which is meant to show the difference between the utilitarian uh addition which is the hatched portion and then the Pavilion portion on the left next slide so this um is the proposed Landmark boundary which um encompasses a portion of the um property and the proposed name is the boulder dambi tea house and next slide all right and with that staff and the landmarks board recommend that the city council adopt this ordinance and designate the building and a portion of the property at 1770 13th Street to be

[147:01] known as the boulder dambi tea house as an individual landmark and I'm um happy to answer any questions that you might have it looks like you're muted Sam thanks for you Marcy thanks to you Marcy and apologies for my muting um I just wanted to point out for um those watching that we have had a public hearing on this um issue already and so we will not be having further public hearing tonight so i' turn to councel uh if there are any questions um we start with those first I see Hands Up I see juny and aon's hand up but I think those are old so um Sarah could somebody put the hands down so we can start freshh yeah and I see Aaron's hand up Aaron is that current it is not okay I see all hands

[148:00] are cleared okay very good I see no hands up here uh Bob if there's no questions I was just gonna make a motion I think that's appropriate Marcy can you put the motion language back up oh Taylor could you do that it's a little different than what was in the memo so I thought I'd read it from what you wrote so I move that we adopt ordinance 8431 designating the building and a portion of the property at 1770 13 Street including portions of the Interior to be known as the boulder Des shambe tea house as an individual Landmark under the city of Boulder historic preservation ordinance that's as amended in the packet Bob as amended in the packet thank you you're passing on second reading at this point yes thank you I heard the second who is that me

[149:00] okay very good we got a motion by Bob and a second by Mark any discussion I just want to thank um staff um for finding a way to protect their interior it was important to our community it was important to council I know it's unprecedented um and we may never face a situation where we uh need to look at the interior of a building but in this case because the building the interior of the building is so special probably as as precious as the exterior and the fact that it's a city-owned building uh I think um warrants the um unprecedented uh protection of the Interior so I really want to thank staff for its flexibility for listening to the community and for listening to council thank you Bob Mark anything uh no I I agree with everything that Bob said I think this is a an appropriate and a perfect outcome I do want to thank staff and the City Attorney office for crafting this language I think it is carefully crafted I think it achieves the purpose uh and

[150:02] as Bob said to to a great extent this is a one-off um but this is the perfect oneoff um for interior designation uh it may never come up again but this is the building that should be protected and I'm delighted that we will have the opportunity to do so tonight thanks thank you Mark and I'll just say you know this building is a treasure for Boulder um it I think is one of the few not the only building of its type in the Western Hemisphere and so we're very lucky to have it here a lot of history behind how it got here and the difficulty in finding a home and then the wonderful amenity it's turned out to be um and will be for a long time to come so I want to thank our Landmark staff uh landmarks board and all the citizen in but we had on that Marcy I see your hand up yes I forgot to mention in my presentation that the applicant is here tonight in case Council wanted um

[151:01] to ask any questions or or provide time um Carl anuda is here on behalf of the applicants I I think it's worth having Carl say a few words if Carl would like to especially since he's here Carl uh I'm not actually seeing Carl in the meeting at the moment okay then maybe not we'll hear from Carl Aaron well I was actually just about to raise my hand to thank Carl and the uh friends the boulder Duan Bay tea house uh for bringing this forward and for uh their work with the landmark staff um and the the uh um operators of the restaurant there uh you know this may be my favorite building in Boulder it is a community treasure so I'm looking forward to voting here in a minute great well thank you Aaron and I see no other hands up so I think we're ready for a vote Debbie is this show of hands yes okay very good so ask getting

[152:02] the negative I'm sorry it's a roll call I okay very good it's a show of hands you're amending on second reading you you'll pass it finally on third show of hands show hands okay so I will ask this in the negative is there anyone who opposed to um the motion seeing none the motion passes unanimously thank you to everyone again this is great thank you Council oky doie what is next Debbie okay we're up to Matters from the city manager and tonight we have the CU South annexation and engagement update thanks Council yes the one item for matters tonight is an update on CU South Annex ation and engagement and here to kick the item off is Phil kler a senior planner from planning and development services good evening thank you very

[153:00] much for your time Phil kler planning and development services uh thanks for pulling up that that presentation Sarah appreciate it and so this is a um check-in with Council around some Community engagement that we're planning for the next several months for the CU South project uh what's proposed this evening is a fairly brief staff presentation by myself and Gan gatza around um just kind of teeing up some of the materials uh found in your packet followed by a f- minute presentation by the University of Colorado Boulder specifically um Derek Silva assistant Vice Chancellor for business strategy specifically on how they plan to plug into the engagement process and then lastly for the remainder of the agenda item about 45 minutes um would really be reserved for Council discussion and input on next steps for the project and so a slide please the two questions we have for Council this evening are are fairly basic and it's really around if council members have input on the draft briefing

[154:02] book that was included in your packet this evening and then second we have been working uh with mayor Weaver and council member friend on the process subcommittee um it's been very helpful and we've developed a community engagement strategy that we'd like uh for Council to weigh in on and so next slide slide please a little bit on the background um as council members know there's quite a bit of background and so we could spend a long time on this but um just briefly for the folks watching in particular at home uh we do have an active annexation application uh for this property owned by the University of Colorado Boulder this application is is pretty unique for Boulder uh for a few reasons one of which is the size and so at just over 300 acres it is the largest um generally undeveloped site in the Boulder Valley that is eligible for annexation into the city of Boulder another unique um circumstance

[155:00] with this particular application is uh that there is no site plan and so the university is several um really several years away um from developing a a site plan for the site however um there is significant flooding events that have been taking place in the area um and as a result the city has expeditiously been um seeking to implement a flood mitigation project for the site my apologies the flood mitigation project um does require um several acres of land um that only becomes available if and when the city annexes the entire site uh and thus allows the university um to connect to City Utilities um and plan for future development on the site so next slide please this is the review process that we anticipate for the annexation

[156:00] application um so council members has have seen this before um we completed the first row of this particular process with council's selection of the flood mitigation project in June of this year we've also visited with the planning board uh last month um sharing these materials for some input ahead of this discussion uh and input is uh included in the council memo this evening we're now um uh you can click the slide once um visiting with Council to really preview the engagement materials prior to setting out and facilitating a community dialogue all of that information will then be summarized to City Council in 2021 and it's at that point that Council um will see where the community how the community feels about the proposal and direct staff on generally a path forward for the annexation and it's at that point where we would draft the legal agreements for the annexation the annexation agreement and we would go through the more typical process found in the third row of this particular process um where the planning board holds a public hearing to recommend U approval or denial or

[157:01] approval with conditions to the city council who then holds first and second reading uh slide please the anticipated schedule for the flood mitigation projects really stretches pretty far beyond the annexation or at least what's anticipated currently for the annexation um with uh really con finishing construction um by 2026 um however there are um several dates that we just wanted to flag for Council that are are fairly immediate one of which is the open space board of trusties tomorrow night will be hearing from staff on some analysis we've been doing on an upstream detention concept and so the board will hear um staff presentation and ask some clarifying questions tomorrow night uh the planning board will receive an update on that analysis on December 3rd um and then the open space Board of Trustees will then reconvene in December um to hold a public hearing and um deliberate on um a recommendation to council all that information will be

[158:01] provided to Council in early January uh slide please and so the the first issue that we had um teed up for Council this evening is really around a briefing book concept and I guess the thought behind this um it's a fairly recent document that is still probably pretty kind of an early stage but we've been facilitating this negotiation largely through a term sheet that's attached to that document that term sheet has been really the back and forth between staff and a lot of the items um have evolved and may not be relevant and frankly could even be contributing to some of the dis some of the misinformation misconceptions that folks had on the site and so we recognize that and on October 5th the university um submitted um a response to the annexation application and we just created this as just another communication tool um just to be transparent about where we are in this negotiation um and really to update it

[159:00] as we learn more throughout this public process slide please the several components of the briefing book just to highlight the term sheet itself has each topic has a specific number and so what we've done um the color-coded table on the left just shows kind of what's the term sheet topic um the actual topic itself a summary and then some indication around the staff alignment sort of an executive summary of all the topics in one place um that you can get through pretty quickly each of those topics are then summarized in Greater detail in the chapters of the book and each of them include um a summary of what's the policy guidance U particularly from the comprehensive plan what's the proposal and then whether or not staff is aligned and then as we go through this public process the ideas to then start at least putting some bubble diagrams on a map to start showing where um different things might take place on the site in lie of not having a site plan for the site uh slide please and um one more slide prior to

[160:00] handing it over to Gan to talk a bit about our our plan for engagement we wanted to just um give an indication about sort of where we are on the timeline the longer term timeline of this project so looking back at the um 2016 2017 we had a pretty big Community conversation through the comprehensive Plan update uh that ultimately resulted in um guiding principles for the site adopted in 2017 and as part of that sort of everything was on the table and we talked about the vision for the site and for an example the vision one of the vision uh statements is around view quter protection so in early 2019 the university submitted an application for annexation that attempted to take a first pass that translating those into annexation terms and so we've been using that term sheet for the last year and a half to really bring ideas to the surface and you know some of them have surface some of them have not we're in agreement with a lot but there are still other things to work out could you click the slide once and we're now at the

[161:00] point of it's really been a staffto staff conversation between the city and the university and so we feel that these topics where we're at right now it's really primed for the community to weigh in and give us an indication about whether or not whether or not we're heading in the right direction and so one more click on that slide and it's then once we start to get a sense about where we are are not heading in the right direction um staff would then be writing the more detailed fine grain terms found in an annexation agreement that slide please and I'd like to go ahead and turn the presentation over to Jean gatza um our planner and engagement specialist um thank you Jean thanks Phil um I'm really um happy to be be able to here tonight to share the full engagement strategy and get your feedback um the purposes of this engagement of the engagement strategy for this window are to inform and

[162:00] consult about how the potential terms of the annexation will meet those guiding principles that were outlined in the comprehensive plan we've we've designed this engagement strategy to provide transparent and easy to understand information materials I really appreciate the comments from um several of the uh speakers tonight during open comment around the ease of the briefing book and also um we we really want to make sure that um we address this prevalence of misinformation or just incomplete information um and really appreciate that support for the um briefing book that we'll continue to use as an important tool um moving forward we will be hosting multiple venues and opportunities for staff CU and decision makers to hear in interests concerns um ideas and to listen together next slide please the strategy is designed to help people understand where we are in this

[163:00] process at this stage as as Phil described we are refining these Concepts and terms The Briefing book um will be designed to very clearly or it is designed to very clearly outline those guard rails and then when we get to the questions that we'll be asking um on be her Boulder and in the questionnaire um they will be designed to go deepest in those areas where we are not yet fully aligned and where there's the most opportunity to shape the terms next slide please we are so very thankful to have the process committee and the monthly meetings and the very thoughtful guidance from Sam and Rachel and all of the dedicated community members who attend those meetings and help us shape the strategy as I mentioned multiple venues will be designed to accommodate a range of preferences and purposes these will all be virtual formats to keep people safe and allow them to both get information and to provide feedback um at their convenience we're also aiming

[164:01] to ensure that folks can participate regardless of their technical or Wi-Fi capabilities we recognize that this is such a really complex process with many topics the planning board provided some great feedback um to help us structure this process to to um to to let people effectively engage on the topics that they are most interested in uh they called it called called it a bit of a Choose Your Own Adventure um and we just want to make sure that we're we're um being a being able to make sure that folks can do that and not have to weigh through all of the information just to get to the things that they want to really weigh in on our venues that we're planning will include um providing a lot of information on the project website as well as the be beard Boulder online platform this will include um hosting the briefing book the question and answer tool a questionnaire and um other relevant uh tools that we'll get started

[165:02] on later this month there'll be a comp Community briefing that will be recorded and include the overview of key topics where to find information how to utilize the tools and how to ask questions and get more information there will be a discussion forum um kind of a World Cafe style virtual meeting with breakout rooms on key topics the purpose for that is for participant participants to be able to discuss ideas and to hear from each other um we'll try to design it as much as we can as um as we would if we were in person to be around tables together and then we're also hosting um Staff office hours so some smaller virtual group meetings um to allow people to ask questions and to um share feedback in that way we're scheduling these at various times and various days the first couple weeks of December we also have um we planning on some neighborhood meetings we have one of those scheduled already and we'll be

[166:01] looking for um some help from Council Members or community members to help us identify those um neighborhood groups who might be open to hosting staff and um others to come and uh have a meeting and discuss some of these issues and ideas next slide oh um one more one more point there will be a part two um we recognize that Transportation will be a really important issue for folks to weigh in on and we anticipate that there'll be more information on the transportation analysis in late January and so we'll be designing additional um designing and hosting additional sessions with that Focus so next slide please our qu our aim is to really ensure that the engagement provides community members the right level of information and ways to provide um and ways that they can provide their feedback but also that the feedback is really helpful to you as decision makers

[167:00] as the annexation negotiation proceeds this strategy will be successful if it serves both of those purposes and so we would love to hear your feedback on if this is heading in the right direction um but before you dig into that um we would like to turn it over to Derek silver from Silva pardon me DK um from CU hello Council and thank you for this opportunity to speak about uh our participation and engagement and also for just a brief update on where we are with the annexation process and I have a a slide deck Phil is someone going to bring that up pdf yeah has that been submitted previously or do I need to make you a co-host Derek so you can present if you make me a co-host I can present if it's not there actually it looks like it's coming up

[168:01] now all right would you mind clicking on The View button and going to full screen that full screen button up top middle M go over to the right the middle you guys see the X at the top I don't the very very top of the window if actually you go to view next where it says file edit view you can click on full screen it'll it'll get rid of the there you go thanks Taylor okay uh can you go to the next slide please all right so uh just to give an update on the current status as Phil mentioned earlier uh we submitted our

[169:00] updated application on October 5th uh and that is in the format that we've had which is that spreadsheet that's tracking the different comments back and forth between the city and Cu uh we're currently work working on developing a design guideline supplement to the application and the attempt on that is to provide more detail on different Provisions that really lack Clarity and definition The Guiding principles um some of those things are how would hype limit be measured um what is the definition of a clustered Village style development that sort of thing it'll be pretty detailed um we're we need to vet that with our CU leadership before we do release that because it will what we put in there will be somewhat binding to us in the future uh because it will be memorialized in in an annexation agreement and we anticipate delivery of that guideline supplement in mid December we're also working on converting the application term sheet which is in that spreadsheet format to a narrative format and the reason being is if you by tracking it through that

[170:02] spreadsheet it's very difficult to see what the cumulative agreement is and so by putting in that narrative format we'll um be able to capture what that cumulative status of each T topic is and that'll serve as a more functional negotiating instrument in the future uh so that we can use that to Red Line and track changes as we U negotiate to the final agreement on the different topics and we anticipate the completion of that uh effort in mid January and we' share that with the city and and as well gets comments back from staff uh on the different Provisions to make sure that we're all in agreement on what we're in agreement on and then uh the transportation study is underway we anticipate that will be delivered in mid to late February and that's what will help to inform that second engagement um the second engagement effort Derek I'm sorry to interrupt um what you said was you expected Transportation mid to late February what's on the slide is mid to late January I'm sorry you're right mid

[171:01] to late January okay great just checking in thank you thank you yeah uh slide please uh so in regards to annexation engagement um we plan on participating in each engagement event and task that's scheduled um and we love to be you know robust participants in that I mean we have an interest in what happens out there and certainly we hold the answers to all the questions that the community will have so we envision being a valuable part of that process um in addition we're already connecting with different uh Community stakeholders of for instance parks and wreck we had a conversation with them last week on their desire for certain Parks um uh playgrounds uh a running track and some other in a dog park and some things around the site that we are currently working on evaluating and certainly we would love to see Public Access remain out there and provide amenities out there that will draw the public and to

[172:00] make it really activated and um and and really beneficial development to integrate with the community in a in a very very meaningful way we've also uh talking to bbsd we've had discussions with them previously on some of their needs out there and the shared for say recreational fields for for lacrosse soccer those sorts of things um and I think the running track they may have an interest in that as well and then other relevant Community interest groups so we've I know we've had discussions with people representing the Disc Golf Community mountain biking community and that sort of thing out there to see what uh sort of amenities could be preserved out there for those uses and we also uh just around the engagement topics I mean our desire is for it to have a really positive focus on what the community would like to see out there uh again we love to have this uh this site be integrated in the community in a way that would um draw really the a really positive opinion from the community about what's

[173:00] happening out there we know there's been a lot of contention about what could happen out there and um from our lack of being able to commit to a specific development plan out there but we really do see this as being a a great addition to the community in Boulder and uh the transportation and open space engagement window is to in that second engagement window uh that'll be once we have that Transportation study in mid to late January slide please um and this is just a state it's I found some parts of the guiding principles that really speak to engagement I mean the public participation part which is princip General principle number three talks about the city and see you working together to include the community and public effectively throughout the planning annexation and development process and we certainly see the engage engagement process that's proposed as as meeting that criteria and it's it also speaks about the negotiations of the annexation agreement and using the guiding principles um and that the guiding principles are intended to really inform

[174:01] that intergovernmental agreement that will be the annexation agreement between the parties slide please and then ongoing efforts that we're engaged in uh so we're obtaining appraisals of the oso designated land obtaining an appraisal and assessment of Dry Creek number two we're actually doing a master plan of all our water rights but specifically B for the valuation and assessment of of the future use potential future uses of Dr Creek number two water rights and then uh just ongoing updates and vetting of the offer components with campus leadership uh as we proceed through negotiations so U any material changes that we make to what we have on the table we have to go back to campus leadership and uh if they arise to a certain level of magnitude back in the board of regions and slide please and so that's my brief presentation um so open to any questions as well um I think that that Jean and Bill had some question or going to take

[175:01] questions on the briefing book and that sort of thing which uh we'd also like to comment that we think the briefing book is a very very good distillation of some very complex Concepts that are very hard to understand and bring some clarity and certainly a view into where we are currently in the state of negotiations and thank you good thank you that concludes um both the presentations for Council um and so there may be clarifying questions um or you may uh want to kind of Dive Dive Right into the the questions that we posed for Council the first of which being if you have input around the briefing book yeah and thank you so much um to Phil and Jean and and Derek for your input here and I I'll talk more about the briefing book could you put up the slide with the questions on it just so we have them in front of us and while staff is doing that I turn back to

[176:01] council I see one hand this would be a great time for questions and then we'll go into a conversation about the feedback to staff so Adam see your hand thanks Sam and thank you for the presentation um I did have a question regarding the the Board of Regents what type of things tend to actually get up to them as far as level of questions especially given that there's a new board of reg regions and uh you know the the makeup kind of changed there what what is their General feedback or you know what what do they end up making decisions on as far as this process goes it would be anything that's um in that's material in addition to what we've already offered on the table I mean I think we believe our offers a good offer and um we certainly don't think there's going to be a need to go back for really substantive changes to what we've offered I think there's some some room around the margins but if

[177:00] there were a some big component that had material say Financial impact or development impact on what we've anticipated to date and what we brief them on to date we certainly have to go back to them and as well um certainly for the final uh approval of any land conveyance the region approve any conveyances of a real property interest and so those would have to go back for formal approval from the board of regions for that disposition thanks for that Derek that answers my question very good I've got Aaron and Rachel Aaron yeah so just to so I understand the scope of what we're talking about tonight um when you you say when you ask what input we have on the briefing book you're not asking us to weigh in on the substance of all the different uh term sheet items right it's really more about the how it's laid out what it's trying to address that kind of thing is that right I believe that is the uh yeah

[178:00] that's the intent we're really focusing on process engagement is it clear is it missing something for example the planning board uh recognized that we need a add a financial analysis section there should be a some additional summaries about how to use it and so on thanks for clarifying thank you Aon Rachel and then Mary and Mark um yep thanks Phil and Derek for the presentations um one thing that Darren Derek said um about meeting with like mountain bikers and bbsd and and um some comments we had about pedestrian access and crossings um I just wanted to know along with the transportation studies does the transportation Advisory board weigh in on this at all or how will our um resident advisory experts um give us feedback right now they're not scheduled to weigh in on on on that and I do think there is some Tom may need a weigh in but a charter provision that does I

[179:01] think require Council to make an official ask of tab to weigh in on something like this but um it's something that we could look at certainly so um thanks for that uh because one of the big things right is is that it's a multimodal Transportation Hub in our um in our guiding principles as I recall so I guess maybe I'll just tee that up for later discussion to see if we want to invite tab thanks great and next I have Mary and Mark Mary thank you all for the great presentation and I love that briefing book um so my question is likely for Derek and um in the memo we had um just a bullet item that said that the university is prep preparing highlevel design guidelines and could you just elaborate a little bit on what is contained or would be contained within

[180:01] those design guidelines I sure can so how we've envisioned it is we we view The Guiding principles as encapsulating the the framework that we are answering to it has a pretty extensive um points addressing different aspects of the development height limitation is one um a clustered Village design I mentioned those two earlier um other ones are U incorporation of green spaces the the whether there will be any large buildings out there what those would be defined as all of those things in the guiding principles or many of them do not contain it contains sort of general con conceptual statements about what the development standard should be but there's not a lot of definition or methodology there and so with the design guidelines we're trying to identify each one of those and add more detail methodology that sort of thing so that you can look at them and say you know

[181:00] not have questions about what the defined terms mean about what we're how we're going to achieve different things I think an example is on the height limit we've agreed to a height limit of 55 feet per the city ordinance and um or the city Charter and we have um we've actually Incorporated the city's methodology for measuring that so we're being clear on that we're The Guiding principles were very silent on that they as a matter of fact The Guiding principes said speak to something of in substantive conformance with the city's high limit and so we've gone a step further and said we'll meet the city's height limit and we'll actually measure it like the city does and so in any place where we can bring that Clarity to that I think it gives uh you all more certainty as to the specific standards that will apply to Future devel element on the site and that's what really we're trying to achieve thank you Derek have you um in the process of establishing design guidelines have you considered um

[182:01] putting a little more definition to like clustered Village design say for example and um perhaps providing um some illustrations of what that might look like maybe even going so far as to providing form based code um have you considered any of that um not the form based code part but the other two illustrations and um and more definition around that I mean the clustered Village design that I think that's one that stood out to pretty much everyone asking what does that mean uh so that's exactly what we're trying to achieve is to at least offer something on the table is to this is what we think it means and we've actually worked with City staff on many of these and so the the height seedling concept that bill has proposed and that's um shown in his briefing book book that's one that we've actually worked together on to try and establish and so it actually solved a few problems on the site it solved not only the height measurement on the site but it also solves part of the transitioning of the heights As you move to the West

[183:01] toward the boundary with the joining neighborhoods on the way and so there's we're trying to find ways to you know if we can kind of kill more than one bird with a stone then let's do that but um in that height sealing concept actually solved a few problems it also U impacts viewsheds as well so there's uh different things that were not only within the guiding principles but finding new Concepts to apply to kind of Tie The Guiding principles together so that they work work together as as we believe they were intended thank you Derek thank you Mary next we have Mark and then Rachel Mark okay um with respect to the first question input on the draft annexation briefing book I think it is an enormously useful instrument I thank you very much for putting that together uh it's it's tremendously helpful to see uh on a project with as much history as

[184:00] this one has uh the chronology of issues and how positions have evolved um so this is this makes life so much easier for anyone who's attempting to understand where we are where we've been and and hopefully where we're going on this uh project um and with respect to the proposed strategy for Community engagement uh I would only encourage you to um seek out the various uh groups within the neighboring communities and the affected communities uh whether it's HOAs or neighborhood associations and hold special meetings with each of them so that uh they can be well briefed on what's going on and what uh uh and how this project is proceeding and uh that's all I've got thanks thank you Mark next Rachel and then Aon Rachel um sorry if this is already answered but um Mary made a

[185:02] point that made me um think of another question when she asked about uh see you doing illustrations um and not that long ago we had a presentation on East um Boulder subcommittee or or sub Community planning rather and there was like a 3D modeling instrument have we thought about using that for I know we don't know exactly what's going to go at CU South but some renderings that would help us to visualize what options could look like there and I hope I'm using the right terminology with 3D modeling if anybody else remembers what I'm talking about feel free to chime in as as staff we tossed around the idea towards the beginning a little um and we were pretty hesitant because I think once you see a box there with like no windows and it's sitting there on the site it's a little um unappealing and maybe doesn't tell the story of what actually will happen there in the future and so we we had a brief conversation just as staff and and

[186:00] opted not to do that but um Derek may have any any additional thoughts on it but um not up not at this point we we really focused on kind of the height ceiling as as being one of those components all right I'll reserve the rest for discussion thanks uh Aaron uh yeah well I I heard um Mark uh addressing the questions so can we move into discussion uh sure absolutely if no one else is I'll I'll dive in after after Mark and agree uh generally with what he said the I mean the briefing book is extremely well put together uh you know somebody who's followed this project closely for a long time I found it to be very helpful and I I know community members will as well so uh big hats off and Kudos uh for putting that together um I I think your engagement strategy is Is On Target and I also um trust in the

[187:01] process subcommittee uh Rachel and Sam to keep that um On Target as well so thanks for that one thing I would say is um you know like a couple of people in open comment mention about some uh you know misinformation or incorrect information that's out there um sometimes in the community and so the briefing book is a great factual thing to put out there that people can refer to for here what are the facts here are the facts here's the briefing book but um you might be helpful to like on the website somewhere to do something like a frequently asked questions that that both had uh answers to questions that they're just like well that just have the facts out there but also maybe have answer some questions about like well is this thing happening that I've heard might happen the answer is no whatever that that that thing you heard that might happen is not actually going to happen so you know we might be able to address some of those um uh some of those misunderstandings out there with with some additional information that that we could put out as part of the

[188:01] engagement strategy just to make sure we all um have all the facts on hand and then I I wanted to piggy back on on Rachel's thing and maybe Rachel want beat you the punch here uh but uh I appreciated uh her bringing up the tab in in this the transportation Advisory Board it seems like um that once uh we've gotten some more progress on what the transportation connections and numbers look like or might look like that um getting some input from tab on um you know how we might um address those in the potential annexation agreement um could be valuable feedback um for us and the community so I think that's a great idea that's it thank you Aon Rachel thanks for for letting me double dip again um so I I would um I guess want to ask that if we need to have a vote on inviting tab that we um see if we have uh support for that tonight um

[189:00] because again I think that this is such an important Transportation Hub that it would be um silly not to invite them to the conversation so that's one thing um and I agree with everyone's comments about how wonderful um The Briefing book is it was outstanding work and like Aon and the rest of you is somebody who's followed along with this project for a while it's um it's really nice to see and I um on on Peter vitel I think giving um the idea for a mythbusting section I like that and I would love like a PDF where we could um respond to some emails to get some you know there's sometimes there's like a stream of of emails that have um misinformation in them and if there was a ready document that council members or staff could respond like um saying thanks and and um this might you know you might be interested in this too or something like that because um I think it is important that that we all operate from a set of shared facts um and then last on my 3 3D

[190:03] modeling question I think um it's good to be transparent and to help people visualize what's going there I understand um that a a box or a marshmallow looking building can be frightening to people but I I think um at least having some renderings or something that that helps us to see you know how there was some in the in the briefing book that shows like what the what the road would look like with the wall but there's not much really showing what it might look like when it's you know part of it's built out and and how the open space would connect with the rest of open space and I assume have like a a fence between and things like that so I think it would be helpful if we can um alleviate some fears or um or just help people to visualize so I would I would love to see some more um artwork around it thanks Adam thanks Sam I wanted to speak to engagement primarily um you know this is

[191:02] one of those like like we started out in the presentation it's one of the biggest projects we've ever done so um annexation is not a bell we can unring and so having that engagement process that is really getting every single you know person's input in I think the the worst thing we can do is feel like somebody's been unheard so um access to all the comments access to everything that is said in meetings uh to the best of staff's ability obviously um so that Council can see it and make decisions based on that full community input I think is probably the biggest thing that I'm concerned about simply because I don't want anyone to feel like hey Council didn't see my comment or didn't have access to my comment and then made a decision sort of without my input um and I think you have a pretty comprehensive plan um I just want to make sure that you know there's probably

[192:01] people who want a a survey option of saying I don't agree with any of this or you know things along those lines um I don't want any stone to be unturned when it comes to what somebody might want to say um in response to the this because again I think our top priority is making sure we hear every member of the community and their thoughts and then making a decision based off of everyone being heard is that all Adam that's that's uh my little diet tribe good okay so I don't see any other hands up so I'll jump in here um I will tag on to all of the other compliments on the annexation briefing book uh we also said that in the process subcommittee meeting it is a really great document that crystallizes a lot of issues and it further crystallizes you know where we stand as

[193:00] far as agreement or disagreement so I think it's very helpful and I think it will need to be updated as we come into agreement so one small suggestion would be to have a version or date that goes with it because I I expect we'll see it you know as we get closer and closer hopefully the Reds turn to yellows and the yellows turned to Green so that would be something to be thinking about so the only input I have is it's great it will be a living document and we need to think ahead about how it's going to live um and and then on the engagement strategy you know Rachel and I have had a lot to to say about this um you know we kind of in the process subcommittee kicked this off in a way because we wanted to get community members input as early as POS possible so as soon as we got the the input from cu the response from CU we figured it was refined enough to be wanting to take out to the community so it will perhaps lengthen the cycle a bit on

[194:02] the annexation but it will get those comments that Adam was referring to in earlier rather than later another comment about soliciting Community engagement is there's a very small possibility that nothing will happen on this property but that's an extremely small possibility much more likely is that something will happen flood control and there will be some kind of construction um so I I guess the Adam I agree with you people should feel free to say we want nothing here and keep it as it is but then the follow on question needs to be well if something were to go in there what would you want to see a around flood protection and be around built environment so I think we we do want to um you know put the reality out there that there's a high likelihood something's going to happen and if something happens we also do want to hear the input of of what that could and should look like um and then you know I

[195:00] will say again some of the buckets that I put out there I think staff probably has this but for the engagement strategy some of the key points that I think we want to look at our access like access points and who can go and where and when um transportation that has a ton of pieces to it right so tab I think we want tab to weigh in I think we want tab to weigh in um both early and late and so early there are questions like how many access points will there be you know historically access from 93 has been off the table but the reason why it's been off the table is gone now we're aren't going to have a Jefferson Parkway or Northwest Parkway and so give than that um wouldn't it be uh useful to have access there so or Transportation access there so there's some big picture questions and then there's some questions that get down to things like hubs under transportation built form

[196:01] built environment um I think that's really important we've touched on it I really do appreciate the ceiling concept as well I will say Rachel as a caution that it is having gone through Alpine Balsam and putting out massing studies that don't have some kind of decorations on them or something will will create um a talking point that we're going to build Soviet block architecture out there so I think we just want to be really careful if we are going to do renderings they need to be kind of the pretty pictures we get at concept plan where they're street level looking at buildings that are kind of sketched in so I'll just put out there let's not fall into the Trap of doing massing study um if we're not going to do them in a way that's going to make them look appealing then the uses you know I think that question will come up and people will will have input into that we know some things that are off limits but um you know what's going to

[197:02] be on limits well we hope housing right we have a lot of um desire for that but as the university gets more clear on things they want to preserve as options I think we want to hear from the community about that and then Rachel to this open space Not only what's going to be open space like what does the University intend roughly to keep undeveloped um or to develop for Fields but how is it going to connect to our open space so there's the open space that's there there's the open space that we will probably get as mitigation for any habitat um impingement from the flood wall but how are those connections going to be made and issues like how will Wildlife move through you know what will the relationship be between the natural world which is just over there and the buildings which are just over here so so that's just kind of a long-winded way to say I think in the

[198:02] engagement we're going to want to break it down into the buckets I think Jean alluded to that with Choose Your Own Adventure so I appreciate that I just wanted to touch on those particular points and then I have an extremely minor question that I just want to get clear on um I had thought as we looked at the open space hearings that we were going to divide it up into two parts the first part staff presentation and public input and the second part mostly deliberations it sounds like it's moved in a different direction which would have public input be in the second meeting and I I would just say it's probably too late but to the extent that there could be a way to get public input at the first meeting my concern would be if you're going to have two three four hours of public testimony having that on the same night as a long deliberation could be could be difficult

[199:02] um I guess the only other thing here is the myths and the myth busting you know I think FAQs are great and they're important I think some things that some people consider to be misinformation or incorrect information actually boiled down to differences of opinion so if we are going to do mythbusting or um fact sheets or whatever I think we need to be really clear that they're facts and I think the briefing book did a really great job of that so um when you're trying to do mythbusting you really have to be careful um where's the opinion line and where is it really just about facts so I think that's all I've got to say I want to compliment staff again staff has been ncu um have been really um engaged and I think they're going to continue to be engaged with the community as we work through what Adam correctly called one of the biggest you know annexation and development projects

[200:00] we've ever looked at so that's all I've got Aon I see your hand not to jump ahead of anybody else but um you know Rachel I appreciate your intention with the the the 3D modeling but I agree with Sam on the U this from experience that that when when you put that out there um it can it's not necessarily representative of what's going on particularly since we don't uh we're not going to have any kind of site plan from CU so I think it it could give people incorrect Impressions um that might be um make them feel that something's going to happen that that's not necessarily going to happen and like you say the the block style Soviet architecture so you know maybe some sketches uh but it it might be better to keep it in numbers and words great okay so I see no hands up at the moment so I will check in one more

[201:00] time the other input seeing now I'll turn to staff and say staff did you get what you were hoping for from us do you have any other questions for Council this has been super helpful really appreciate you taking the time on your agenda to to talk about this um the only other p is that I the language around the tab um question is that the board shall not involve itself in any review under the under the land use regulation title 9ine unless its opinion is requested by the city council and so what opinion means I might need to defer to Tom or or to Chris on that but um that's the general that's just the language um that I found entitled to Tom's on now if you don't mind me just weighing in briefly is having been on the planning board Title Nine is mostly focused I believe on site plan review and this is much more concept and and annexation we'll let Tom weigh and I think it's legislative so I don't know

[202:02] Tom Tom do you think there's any reason we can't involve Tab and input into an annexation I would recommend that you make the request that the annexation Provisions are in Title 9 so broad the way that language is written Broad since it seems to be consensus on Council it probably wouldn't hurt if you just voted to ask for their opinion on the subjects that you addressed earlier Sam okay very good um so I guess we'll bookmark that and and come back to that and have a vote right at the end um so anything else by staff that we need to weigh in on no thank you very much so I think uh just to formal what Tom suggested um would someone like to make a motion requesting tab to weigh in on the CU South project Aaron uh I'll move that we asked the

[203:01] transportation Advisory Board to weigh in on the um C South annexation project second okay and I'll ask this in the negative is there anyone opposed I see none so I think it's unanimous on the part of council that we would like tab to be involved in the input to the transportation aspects of the SE South project okay very good um I want to thank staff on while we're complimenting the subcommittee it's been a pleasure to work with you on it but also Jean um and the rest of Staff have done a really great job of shepherding this uh subcommittee and annexation and the mitigation decide uh side as well so a big thank you to staff overall on this project y as well as Joe and um Joe katuchi and Dan from open space Dan Burke so we've had a whole cast of characters helping with the process

[204:01] subcommittee and as Rachel said they're all doing a great job so thank you okay so that will close up that item and I think that will bring us to um Debbie I I think we move to Matters from mayor is that correct yes Matters from the mayor and members of council and the first um item is the consideration of a motion to select the mayor Pro Temp great and I would turn to Bob Yates thanks um I would uh like to make a motion that we elect juny Joseph as the um our next mayor proem I'll speak to the motion when you're ready Sam great is there a second second very good so um Bob moved Aaron seconded Bob well first I think it's it's important for us to remember the background uh the term of the position of the mayor protm is um for one year

[205:01] from each November to November and for many years um going back to even when the role was called the deputy mayor it's been the tradition of this Council to rotate the position of Mayor protm each November to a council member who has not yet served in the role um um it's been my honor to serve um Council as mayor protm for this past 12 months um it's been a year that has tried our community our city staff and our Council uh none of us could have known last November what 2020 would bring us but we have persevered with the grit the determination uh creativity and the grace that characterizes Boulder when we have faced challenges we overcame them and when circumstances tried to drive us apart we came together as much of an as has been an honor for me to serve as mayor proem during the last year it is my even greater honor to nominate my colleague and my friend juny Joseph to serve as our next mayor proem the two principal responsibilities of Mayor protm are to serve on council's

[206:02] agenda committee and to step in as acting mayor when the mayor is unavailable therefore the position requires the willingness to work hard and the capacity for fairness as we have all seen during jun's first first year on Council she possesses both of these attributes from her leadership on the financial strategy committee to her collaboration on the intergovernmental Affairs committee to her sense of equity on the police master plan and racial Equity committees juny has proven herself to be hardworking and fair on Council she is always a good listener and when juny speaks she is deliberate balanced and most importantly kind for all these reasons and many more I urge my Council colleagues to elect by by acclamation our mayor protm for the next year juny Joseph thank you Bob Aaron would you like to speak to it since you seconded yeah well I can't uh top those eloquent words of Bob thanks for that uh Bob um

[207:00] but just want to say juny I'm very grateful to you for putting your name forward um I think the city will benefit from your leadership and uh I look look forward to seeing the amazing work that you do for our community over the next year thank you Aaron Adam uh just want to ensure as a matter of process there's no one signed up for public comment on this well we're going to discussion we have discussions and then at the end of of matters we're going to open a public hearing so we're not going to vote until after the public hearing so um we make our comments now move on through the matters agenda and then we'll have a public hearing and a vote awesome just wanted to clarify and uh as far as discussion goes I couldn't think of anyone better to serve as mayor protm uh than juny so looking forward to the the vote once we get to it very good Ary did you say Mary Mary yes I'm sorry

[208:03] sorry I thought you said Erin sorry um well Bob said it really well but the two things that stood out for me in um what Bob said was jun's sense of fairness and kindness and I think it's something that we can all aspire to and um and I have certainly been learning a lot from juny in those aspects so um thank you and I look forward to um your service Junie great and Mark okay um you know serving on Council we don't get too many easy decisions to make uh so I'm pleas pleased that this one is easy um uh and I'm looking forward to juny service and I'm looking forward to uh voting to elector as mayor pro1 easy

[209:00] call very good and no other hand so I'll jump in here briefly I want to start with a big thank you to Bob um I can't tell you how the roles of the mayor and the mayor protim have changed with covid um and because there were lots of things that were unexpected things that were unforeseen issues that came up that were not part of the normal um role of councel really I use Bob a lot to bounce things off of and to you know develop ideas for how to go forward with the issues that we were having to kind of face on the Fly and invent um how we're going to work with staff and our community how we're going to communicate just as you all know because you've had to go through the same decision making um I I bounced many things off Bob and he was very supportive as I tried to feel my way along um and stepping in for times when I couldn't make it so I just want all of this to thank Bob for

[210:02] enormous amount of work that he did as mayor protim more than most mayor Pro Tims have been asked to do in the past so thank you Bob and you know juny I look forward to working with you we'll hear from the public hearing before we finalize it but I will tell you um I think it's a great nomination and thank you for um putting yourself forward to do this work if there are no other comments we'll move on to the next item which is a uh consideration of our 2021 proposed council meeting calendar we have anything from staff on this um no I I provided you with the updated um the updated calendar in your package and it was with the changes that you requested um giving you the week of July 4th off but extending your June meeting one your June meetings one more week into the month so very good thank

[211:00] you much Aon I just wanted to thank you Debbie for being responsive to my request so appreciate that no worries any questions from Council comments feedback great seeing none um we'll just keep moving through uh the next item is the retreat discussion I'm sorry I just want on the calendar I my hand up but um oh sorry I didn't see it apologies I think there's a couple of questions that staff had for us about the calendar we should probably answer one is they wanted to know um well first I just want to call everyone's attention the fact that there would be two weeks off at the end of March which I have zero problem with um but the staff did ask the question for March 23rd [Music] whether um since CU was canceled spring break does council wish to add a meeting that week I would say no but we should probably answer that question and the second question that staff asked us on the calendar was whether we were okay

[212:02] adding uh November 30th as a council meeting normally we would have it off because it was a fifth Tuesday but uh staff recognized the fact that um there would there's only two meetings in in December the way the calendar set so I think those two questions we should ask uh answer November 30th and March uh I think it was 23rd great and for November 30th I believe we're making a decision for the next Council so I'd say yes to that one so I agree um Bob that was just a joke so let's start with the um March 24th Bob made a suggestion which is that we don't do a meeting does anyone have have any objection to Bob suggestion Adam I would just say if we have anything come up you know as we do on occasion where we need extra meetings that we keep that one in the back of our head um as

[213:00] potential that's great that's good feedback okay so seeing no other comments we'll bookmark the 23rd is possibility for meeting if we need it and then move on to November 38 I think there are two questions one is to cancel CAC on November 1st because the next day is election day um I would say that's a no-brainer that we cancel it anyone want to have CAC on November 1st okay very good and then do we want to add a council meeting um on the 30th so it's a little interesting we have a study session on the nth which would have mayor and May protim speeches not at a council meeting so I want to turn to Tom briefly and say do you think it's okay that we have the protim and speeches um scheduled for Tuesday in the

[214:04] night sorry Tom that was a question for you just to make sure do we need to have those speeches at an actual council meeting and Sam I'm sorry I was muted um I just want to just quick read the rules okay okay so we'll take a break on that we'll come back to it that's just to make sure that we've got everything lined up on the schedule for the speeches correctly um and then the question of a council meeting on the 30th which would be the second council meeting of the new Council um I guess my thought is that's a good idea Mary has her hand raised yeah just a quick question on um um the March the TW it was the 23rd is off for spring break and the proposal is to keep the 30th in our back pocket in case we need it is that the

[215:00] the 23rd in our back pocket in case we need it okay right Adam I'm just I thought that's what Adam was suggesting that's correct cancel it as of now but in case there is something that comes up in the next three months that needs more immediate attention just have that as a potential that we may meet so so Mary I think what we're cancelling on March 23rd is a study session um well the the calendar on our in our packet says no meeting on the 23rd and no meeting on the 30th of March it's correct so yeah and and my only concern is that it makes it difficult to plan um if you're going to keep it open and then so I'm just that's all it makes it difficult to plan so we either decide to do it or not do it um so that folks

[216:01] can plan I think the defaults not do it I think it would need to be an emergency kind of situation to to bring it back you know there we weren't going to take a spring break there because or at least not an official one I know think because we normally tie ours into cus so [Music] um Mary would you like to just take it off the table even as a possibility in the future is that what you're lobbing for I think that's what I'm lobbing for um of course if yeah that's what I'm lobbying for my intent was only ever have it there as an emergency meeting as well so I think we're talking the same language okay so we're cancelling it and CAC is advised please don't put anything there unless all Council gets consulted first is that fair Mary

[217:01] okay thank you Sam I've reviewed the rules it is okay to have the speeches on a study session on the 9th okay super good so then the we we've agreed on no CAC on Monday and so the question is do we we want to have a council meeting on the 30th so it' be second council meeting for the month um Adam you still got your hand up is that on this that's a new one yep um as a recent addition I think having more meetings is way better than less um for new members and I think we'll have several new members next time so um I would I would vote Yes even though it's a decision for the next Council but I strongly advise that they do it are there any objections to saying yes that we're going to have a meeting on November 30th [Music] 2021 okay I don't see any objections so

[218:01] I think we've answered all the questions thanks Bob for the reminder on that um I think we cleared everything up so let's take a look at what comes next and then oops The Retreat discussion Retreat discussion yep Bob is that you who's going to Le that one it's gonna be Mary and me both and Mary's gonna start us off once I unmute myself um all right so um so our Retreat is scheduled for for um January the 22nd um from 4: to 8:00 in the evening and on January the 23rd from 8 to 12 in the morning and it's going to be over zoom and it'll be broadcast on channelate and

[219:02] YouTube and Heather Bergman is going to serve as our facilitator as usual um but we will start off the whole celebration on um with our pre-retreat study session on January 12th and at that meeting is going to be when we um hear from our boards and commissions and review the final agenda for the retreat so the boards and commissions um have each already been asked to write a letter to council and nominate a member to present their letters at the January 12th study session so each group each commissioner board is going to be given 3 to four minutes to summarize their letter with two to three minutes for possible questions from Council and there's been one board that is already decided to prepare a short video in L of a live

[220:06] presentation Bob you w to take it from here I will thanks um one other thing that we might do um or at least talk about briefly at that um um study session on the 12th uh um if council members want to change their committee assignments and we U for those who are new to council we typically don't make a whole lot of changes at at midterm but if someone has a burning desire to swap with a council colleague and they can work that out between themselves um we can talk about that briefly at the meeting on the 12th maybe after the boards and commissions present to us um again this is not a wholesale everything's up for grabs Arrangement but if somebody wants to add something has has found somebody who's willing to give it up or or wants to swap some assignments I just suggest that people just talk about that offline over the next few weeks and on the 12th of J of um January we'll hear if there's any changes but u in P in the past it stayed about 906 98% the same maybe one or two

[221:02] changes here or there I know that juny I think you're taking over from Mark on the boulder housing Partners liaison but if there's any other changes maybe folks can announce those at that meeting so let's talk a little bit about homework um um we um we would um ask you guys to do a few things first of all um we'd ask you to um be thinking about changes in either process or um in the work plan um we will um send an email out soliciting those and we'll probably ask you to get them into tailor um to aggregate um so that we have those all in advance of the retreat I think we what we're trying to avoid is situ situation where people are kind of surprising each other at the retreat so we'd like to we'll come up with a deadline of a bit before the retreat and Heather can there then organize things in a an a logical fashion and as Mary mentioned we'll talk about um we'll talk about process changes on the Friday night session and

[222:01] then the work plan on on Saturday morning and uh so be thinking about what process changes you want and what um what work plan adjustments if any um you'd like and we'll send a note out in the next week or so with instructions how to get those over to staff for collection the second item of homework which we'll also send out an email but we wanted to preview it for you tonight is um we want to have a little bit of a discussion at The Retreat on Friday afternoon um about vulnerability um what we would like people to do is reflect on your first year or this year this past year on Council for some of you the first year um and talk about things that that made you feel comfortable things that made you feel uncomfortable this was obviously a very weird year um so there's G that definitely be a covid overhang um we're going to send you a link to a TED Talk um by a woman who who speaks very eloquently and it's not a very long session actually it's on vulnerability and about the ability to to be um vulnerable and be candid and and be

[223:01] exposed and uh we'd ask you to to to watch the video uh it's only about 20 or 30 minutes long and then um share your your your views on your first year on council with Heather Bergman again this will all be in a in a email to you guys in the next couple of days Heather our facilitator and U we'll prompt some questions for you to share with Heather Heather will obviously keep those all confidential we we ask you to be as candid and as open as you can and Heather will then summarize um those things and maybe um capture themes and um and and see what trends we we come up with independently and then what she's goingon to do um is she'll pair us up this will happen in December she'll pair us up relatively randomly and um ask us to get together with our partner um in late December early January by phone or video or or even socially distant coffee or whatever you want to do and uh and talk about some of the themes that

[224:00] Heather was is going to reflect back to you um with with the idea that when we come to The Retreat on that Friday afternoon that you and your partner share um what what you shared with each other and we'll we'll listen to those pairings and and hear what people have to say again we'll lay this all out in email but we wanted to at least give you kind of a heads up for that um before that comes out um anything else Mary that we haven't touched on I think you got it Bob okay any questions for Mary and the reason why Mary and I are presenting just in case anyone's watching is um Mary and I are happen to be on the retreat committee this year so we've been tasked to organize the retreat with Heather Bergman our facilitator and the staff any questions of Mary or me or staff mb's got her hand up mayby so I'll just be letting uh Council and the community know I won't be attending this unfortunately was scheduled during um my yearly business trip that is unmovable for us um so in all the past years the retreat has landed the week

[225:00] before but unfortunately this year I guess that's not the case so um I wish everyone wonderful talks and I'm sorry to miss out on my final year of um of this term so great and hereby I think as we get closer and the agenda firms up we'll be hoping that you can send in your thoughts to us so that we can U share them broadly with other council members who will see them and then also to read them for the community so sorry you can't make it uh any other issues any council members want to comment to Mary and Bob great seeing none then Mary I think you've got the next item um salary adjustments for the City attorney and municipal judge yeah thanks um Sam so Sam and I are on the evaluation committee and um as you all probably know um we have been

[226:01] working with a consultant who sent out the evaluation surveys and um then received them and then rolled them up into a summary for both the municipal judge J and for City attorney um So based on those and the status of our budget um the evaluation committee is recommending no raises um largely due to covid um and that's really it right and so this is another item that uh is going to need to have a motion and be part of the public hearing so uh if anyone would like to make a motion to accept the recommendation of the evaluation committee that would be great so moved

[227:00] Second Great any discussion let me see if there's hands up Aaron uh well I'd just like to to thank um uh Tom and Linda for their service and extremely difficult year so thank you for everything you've done and for graciously accepting no salary increase based on the city's budget situation anyone else I'll will agree with Aaron it's regrettable um that across the board there have been no salary adjustments this year due to our budget constraints and that applies to our City attorney and municipal judge so um it's regrettable but but it is where we're at we have a motion and a second and we'll take a vote at the end of after the public hearing at the end of matters so then moving on to the last item which is an item uh added around covid enforcement um discussion and I'll

[228:02] turn to Rachel for that this was a requests that we got over hotline and added at CAC thanks Sam um well it's just following up on a discussion we started last week which is um in light of covid cases spiraling I think um the governor is taking some additional steps today and I imagine the County's looking at some steps I think maybe in the uh either that night or in the interim uh the schools shut down and um so I think there's some sense by the community that maybe the city could be doing more to suppress rates and um one thought I have is we haven't looked very hard at enforcement yet and do we want to look at that either for now or assuming that um I didn't I don't know that the governor has indicated yet who's moving to the new level red um which is not

[229:02] going to be the same I guess as the old level red which is now purple but um assuming there's going to be some new limitations on what we can do do we want to start looking at enforcing current rules um maybe or at least having um a message to the community that we will be doing more enforcement um because at some point we will again uh hopefully be able to move back and I would love for us to um not move the whole Community towards these more um oppressive safer to stay-at-home orders and um if we can encourage and facilitate people following the rules that will keep us safe in the first place so again my goal is just um for us to consider whether there are some different things that we could be doing to encourage our community members to comply with the orders that we all need to be complying with to keep our community members safe that's all I

[230:01] got okay uh Mark I want to uh support what Rachel has said I know it's not our style in Boulder we we like to to uh Act through persuasion through education um but we're in a situation here that none of us could have anticipated and is rapidly um deteriorating and so it we are to at least be having the conversation of what we can do uh beyond what we have done to date uh whether it's feasible whether we can afford it uh and how we would implement it and um I have nothing in particular in mind but it's a conversation we ought to be having for all of the reasons that Rachel articulated thanks okay so I I Mark and Rachel I guess what I

[231:01] would ask for is Are there specific asks that you would like to bring forward in this discussion now is it tickets under what circumstances like in particular what what would you council's action to be on this I would love to maybe get consensus that we ask staff for recommendations for what we could do that would um improve compliance uh I certainly would not be in favor of um anything uh you know to do with jailing people the county said last week that that's an option I wouldn't want to go there but um you know like we we talked um last week about the jail not being an option and so not that as a stick and and I think that this is a little bit the same where the community knows that we're not we're not really enforcing the health orders um you know there's I think a a bit of enforcement um with some parties on the hill kind of situations but um you know

[232:02] you can pretty egregiously violate the health orders and expect that there won't be a consequence and you know contrast that with if you're driving your car you know you may um run across a police officer who's going to give you a ticket and so right now I think we don't have much on any front that is seen as like a deterrent and so could we put something in place that's a general deterrence I don't think I'm the expert on knowing what's working um around the country or the world to um compassionately encourage compliance but I would like to know what the options are and what has been effective because I I think it might seem like it's compassionate um to just kind of turn a blind eye towards um egregious offenses but what that does is cause the whole Community to have to go into lockdown so I don't really think it is great or good compassionate to um to not have it have

[233:00] much enforcement and I would like to know what working so my request would be for staff or the experts to inform us so if I were to distill that into what I understand about our process here it would be a request for a not of five to ask staff to do something um and so I guess the first thing I do is turn to Chris and say do you want to just give us a little bit of information about how you think about this and how staff is currently going about it and then if you've heard what Rachel and Mark have said is can you think of something above and beyond what you're doing now uh as far as process that you would want to think about sure thanks Sam and and thanks Rachel and Mark um I I think there is actually enforcement that is happening um uh on a a regular basis and there's enforcement coordination that occurs um between the

[234:00] city Boulder County Public Health and our surrounding agencies uh every week um in sharing information and sharing approaches um and in fact actually during the CU outbreak um one of the pieces of feedback from cdph was in fact that um our enforcement model was um recognized by cdph as um one of the best working models in the state from that standpoint for that outbreak we're obviously in a very different situation now um with widespread Community transmission of cases so it is different situation now um and as as was mentioned earlier um the the new level red dial status um will be uh going into effect Boulder County will be moving into that status on Friday um cdph has has um informed us of that our County uh and with that the the the most important um

[235:01] aspect of that is there's um there's no allowance for Gatherings and that's where we continue to hear that that um spread is occurring is through social Gathering um and and as we've heard um many people say Jeff Zak in in our briefing has said um we all have covid fatigue and it's really hard to to continue uh I know uh all of us have had that experience of you know all all of a sudden you start to realize your Social Circles uh probably getting a little too big so right now we're in a crucial time to eliminate those to try and um help slow the the spread of the virus I think what um what we can do is um take this conversation back to our team and look to see if there is any additional approaches there's also um as we're

[236:01] getting into the holiday season um trying to look at as as folks are out and about trying to um either do their shopping or hopefully do some of that in terms of side pickup of local local stores um if there are other ways that we can improve our enforcement I think then we could come back and share that information uh at the December 1st covid briefing um if that would be helpful um as we have shared before we have very limited resources especially in the police department um to uh to be um writing writing tickets or dedicating officer resources to uh to that they they do have to prioritize their calls for service around the city based on their severity um and so um I I don't want to make any promises that there will be significant changes but I I think it is worth asking our team if

[237:00] there are any other approaches especially because of the change in dial status um uh I think there will be uh an increased desire or increased um need for information to answer questions um from the community so those are my thoughts Sam right thank you Chris so would that work for councel I'll just put out there broadly for um staff to go on with the dial change that's coming talk about enforcement and then come back and present it to us at the beginning of December Mary I see your hand up and then um I see lots of thumbs up with that too yeah um I just have a just wanted to request that um if Chris could please just um summarize what the changes are going to be with the new um level that will be we'll be going to on Friday just so that people that are watching are

[238:01] aware sure I'd be happy to so um with the the changes that are occurring the as I mentioned before the the biggest change is um the prohibition of of any kind of gatherings the other really significant change is um indoor dining is is going to be closed um and only takeout curbside uh delivery or to go is allowed or outdoor dining um with um only people in your own household will be allowed um then for certain types of of uses like office uses remote work is strongly encouraged and the capacity limit drops from 25% to 10% um the other item is gyms or Fitness areas dropped to a 10% capacity or um a maximum of 10 people per room indoors um or uh outdoors and then

[239:02] reservations are also required um the kind of group sports or Gatherings are also limited um and uh outdoor uh or indoor events are also limited um so like indoor unseated events are are now closed so um there is a great summary table that describes all of this that we can email out to um Council that's on the cdphe website uh and I know our partners in in public health and our communication staff are uh actively working to start to um compile all of this information and get it out to uh the community and to our partners and businesses thank you Chris and I just have um just one quick question will there be any additional precautions that will be recommended for essential

[240:00] workers who cannot work remotely and you know like for example the people that are waiting tables on the tables that are limited to two households their exposure will be to two times however many turns of the table there are so are there any extra precautions that will be recommended I will ask uh Boulder County Public Health that question I I don't know at this point as the info is still unfolding but I will ask that uh and and then we'll be able to let you know thank you Chris we got Adam Aaron and Rachel Adam thanks Sam uh one of my questions is going to be in regards to what are the current ticketing are finding amounts for Gatherings and you know something that tends to get people's attention is when those are pretty high and it makes it kind of like a news story so uh that may be an area

[241:00] to look into also um for repeat offenses you know if these are rental properties maybe the potential of losing a rental license because of those repeat offenses um I think we're almost to that point um if that is legal obviously that's just a suggestion but uh wouldn't want to do anything illegal so the max for public health water violation for the city is $1,000 uh the judge generally imposes something less than that sometimes with some suspended we are in the process of working with on 13 different properties going through our public nuisance ordinance um to uh take away the rental licenses from those properties uh we're we've only reached the second stage for one of those right now uh and after the SEC after the second stage was a settlement meeting we then can go and ask for removal of the license most most of the places where we went gave the first stage notice complied after we gave the first stage notice thanks for that Tom that's super

[242:00] helpful Aon and then Rachel Aaron well I just wanted to say support uh Rachel uh Rachel's request and Mark's echoing of that so um Chris thanks for your responsiveness there I know resources are limited but um we're reaching levels of essentially unchecked Community spread of the virus right now so um some more enforcement um seems like an appropriate thing to be doing right now okay uh so Rachel your hands come in and out multiple times so I'll turn to you I meant to unmute myself there and instead I lowered my hand um I just wanted to clarify one thing for Chris as well which is that um obviously we want to be um as data back as possible so it seems like um people quickly passing each other on a trail is not a way that Co is spreading whereas somebody you know the Gatherings that are inside or even outside if they're lengthy are spreading so um targeting the options and advice for where we can make the most impact is

[243:02] you know we've also heard stories about um businesses who are um taking down the signs that say you need a mask and things like that so um you know sort of the egregious violations that are most likely um to lead to scenarios where um covid spreads is what I would be most interested in in looking at enforcing personally thanks great and I'll just make a note for staff that when we have our next CAC before our December 1st meeting we will probably need to extend the co briefing to accommodate um your report out on this discussion um I I will say and I don't disagree with any of these concerns obviously these are um tough times we're at levels we've never seen before and you know enforcement is one component of a spectrum of things we need to be doing some of which I think need to we need to be thinking differently than what we've done so far and I want to say that I think staff is

[244:00] doing this routinely I mean I as I've talked to Chris and we've done our um public uh covid briefings are and you have different council members speak I've stayed in touch with staff and it really does seem like staff is brainstorming every week about new things we can do and you know ever since September and the the C Spike started there's been pretty much a constant evaluation re-evaluation of the steps we're taking so um I look forward to more of it at the the health briefing on the first um and you know one of the unfortunate things I read today is that historically with things like the HIV Scourge and some of the other scourges it is very hard to get people to comply um whether it's enforcement or education it is just always a challenge so these every time we change in our dial is an opportunity for us to remind people if

[245:00] this is serious there's a vaccine coming if we everybody we can get across that vaccine Finish Line is a life saved so everything we can do in our personal networks as well is important one of the things that Governor said to me and I want to pass on to you is you're all leaders in your community um and people look up to you and listen to you and you've all got networks so it's well worth um as we move to a different dial status to remind people of what's it stake here and that means all of us doing that so thanks for bringing this up Rachel I think we've got a plan Aon I still see your hand up you have something else okay um very good thank you um to staff for that and then let me pull up my so one thing Debbie reminded me we formally we need a motion to approve the 21 council meeting calendar as we amended it could I get somebody to move

[246:01] that so moved second very good so we've got that and then I was doing something here let me pull this up and so that is the last of our um matters here so we need to open a public hearing at which people can speak to either 8A which is the mayor protim 8B which is the um 2021 council meeting calendar and 8D which is the salary adjustments for the City attorney and municipal judge um Debbie has informed me we only have one speaker at public comment and that then SEO then you should be able to unmute and Lyn you have three minutes and I wonder why we don't have one why we just have one person signed up

[247:01] here I don't wonder I'm being factious can you hear me yes you can all hear me and you will all let me know if you if my audio is distorted in any way correct yes okay I don't support juny Joseph for the mayor protm position I made it clear in my letter to you which you probably haven't read because it's about 20 pages long probably that the issue with Bob Yates and juny setting up the process for the process for the police master plan process subcommittee the two people that were assigned to that one of which was mallerie who is um in charge of the

[248:01] police very involved in the activity of the police um uh homeless shelter raids Etc and um as I described in my letter to you I've brought up with juny the Zade Atkinson Affair um Sammy Lawrence and the issue of um officer lolai long before he was fired I've requested him to be fired and um I think after black lives matter issues coming up as the virus engulfed us this summer it becomes comes more and more evident that we need to do something now as far as juny being black I really don't care if juny is an elephant or if she's yellow or green or what color she is this is not about color this is about my feelings about

[249:03] her and her abilities and the way she thinks and the way I think now I lived with a black family on a perfectly white Island in Seattle Mercer Island and they were about the only black family on the Fran Island but I agreed politically with this woman that was in that household and that's why I lived there when my mother died of leukemia from Rocky Flats probably just saying so that's my feeling U about having juny take this position um I think that in this community you really need to have been here for a while and you really need to understand what's going on here before you take such a high level position um although she's just she's going to be on Council agenda committee she's going to be doing some things

[250:00] and the the culture here has got a big problem with Bob Yates and his influence and then Sam Weaver enhancing that influence and the Excel franchise situation and see you South thank you ly all thank you ly your your time is up thank you okay so with that um we will bring this back to council and we have three motions we will take a vote on the first motion is to um vote on juny Joseph as mayor protm for the coming year is anyone opposed seeing none junor Joseph congratulations condolences you are mayor protim for the coming year thanks for taking it on and juny maybe you could say a few words yeah please thank you thank you so much I would like to thank my fellow council

[251:01] members I would also like to thank Bob for inspiring me because of the great job he has done as Mayor protm Bob Works tirelessly and quietly criticism from both community members and even council members ultimately it is you the entire Council that I will be serving so thank you for providing me with such an opportunity I promise not to take the work for granted and to be diligent and reflective in my duties and I look forward to your continuous engagement and support after all as Mary often said we are all in this together but in some I wanted to add something you know as the new mayor protm I represent the whole of Boulder whether you're a Democrat whether you're Republican whether you're PL Boulder

[252:01] better Boulder open Boulder and all the the other Boulder groups in between I'm here to serve all of you and thank you thank you JY well said okay we'll move on to our next motion which is motion to approve the 2021 council meeting calendar um is there anyone who does not want to approve the um 2021 meeting calendar is move seeing none that motion passes unanimously then our final motion is uh to approve the um no raises for the city attorney and M municipal judge is there anyone who wants to vote against that motion seeing none that passes unanimously so that brings us to the end of our business I'll turn back to council uh for debrief is there anything

[253:01] anyone else would like to say Adam yeah I just wanted to thank staff and cic for making those adjustments to the the public hearing portion of council matters uh super quickly obviously this is pretty late so I don't think we'll ever get a whole bunch of input but uh you know we addressed the process as best we could in a very short amount of time and I really appreciate that great thank you Adam and and just for everyone we'll return to this at The Retreat and see if there's a way we can do it even better okay well seeing no other comments I will gavel the meeting close thank you all so much for your time and thank you to staff for a great meeting have a good night everyone night everybody [Music]

[254:14] [Music] increasingly under personal attack